What is conveyancing in NSW?
Conveyancing is the legal process of transferring ownership of real property from one person to another. In New South Wales, every residential property sale must go through this process. The law requires specific documents to be prepared, searches conducted, and a formal exchange to occur before ownership passes. This guide covers the whole process -- from who can do it and what each stage involves, to how long it takes and what it costs.
Which type of NSW property transaction are you doing?
The conveyancing process differs depending on whether you are buying, selling, or refinancing, and on the type of property involved. Here is a quick guide to the relevant resource for your situation.
| Your situation | Key steps that are different | Best starting guide |
|---|---|---|
| Buying an established house or unit (private treaty) | You have a 5 business day cooling-off period after exchange. Due diligence (contract review, inspections) should happen before exchange. Stamp duty applies. | Buying a house in NSW |
| Buying at auction | No cooling-off period. You must complete all due diligence before bidding. You sign and exchange on auction day. 10% deposit typically required on the spot. | Buying at auction in NSW |
| Buying off-the-plan | 10 business day cooling-off period. Settlement is deferred (often 12-24 months). The contract is signed before the property is built. Title is not transferred until completion. | Off-the-plan conveyancing NSW |
| Buying a strata property (apartment, townhouse) | Contract includes a section 184 certificate (strata inspection). Strata levies are adjusted at settlement. A strata records inspection is strongly recommended before exchange. | Strata conveyancing NSW |
| Selling property | Vendor must attach prescribed documents to the contract before offering for sale (title, zoning certificate, drainage diagram). You pay your conveyancer's fee but not stamp duty. | Selling property in NSW |
| Refinancing | No exchange of contracts. Your conveyancer discharges the existing mortgage, registers the new mortgage, and attends electronic settlement. No stamp duty on the refinance itself. | Refinancing conveyancing NSW |
| Transferring between family members | A dutiable transfer is still required. Stamp duty concessions may apply for transfers between spouses or in certain family situations. Title must be formally changed at NSW LRS. | Transfer of title in NSW |
This table is a general guide. Your conveyancer will confirm which process applies to your specific transaction.
What conveyancing involves
In NSW, conveyancing covers everything that happens between agreeing to buy or sell a property and the legal transfer of ownership being registered at NSW Land Registry Services. That includes:
- Preparing and reviewing the contract of sale (including all prescribed vendor documents)
- Conducting property searches (title, planning, drainage, environmental, council rates, water)
- Negotiating any special conditions or amendments to the contract
- Exchanging contracts (the point at which both parties become legally committed)
- Managing the settlement process, adjustments for rates and levies, and the transfer of funds
- Registering the transfer of title with NSW Land Registry Services
For buyers, conveyancing begins when you identify a property you want to purchase and ends when the title is registered in your name. For sellers, it begins with preparing the contract and ends when settlement funds are received and the title transfers out of your name.
The governing legislation for property transfers in NSW is the Conveyancing Act 1919 (NSW). The rules for contracts of sale are set out in the Conveyancing (Sale of Land) Regulation 2022.
Who can do conveyancing in NSW
Two types of professional can handle residential conveyancing in NSW. Choosing between them depends on the complexity of your transaction, not simply on price.
Licensed conveyancers
A licensed conveyancer holds a licence issued by NSW Fair Trading under the Conveyancers Licensing Act 2003 (NSW). Their work is limited to conveyancing and property-related transactions. They are specialists in this area and typically charge less than a solicitor for a standard residential transaction. For a straightforward house purchase or sale, a licensed conveyancer is fully capable of managing the entire process.
Solicitors (lawyers)
A solicitor admitted to the NSW Supreme Court can also handle conveyancing as part of a broader legal practice. Their advantage is that they can advise on legal issues connected to the transaction that go beyond property law -- such as family law, estate planning, or commercial structures. Whereas a licensed conveyancer is limited to conveyancing-related advice, a solicitor can address broader questions in the same engagement.
For most straightforward residential purchases and sales, a licensed conveyancer provides the same practical outcome at lower cost. If your transaction involves complex contract conditions, a dispute, a family law component, or a commercial structure, a solicitor may be more appropriate.
See our detailed comparison: Conveyancer vs solicitor: which do you need?
The key stages in detail
A standard NSW residential property transaction moves through these stages. The process differs slightly depending on whether the property is bought at private treaty, at auction, or off-the-plan. The private treaty process (the most common) is described below.
Stage 1: Pre-contract preparation
Before a property can be legally offered for sale in NSW, the vendor's conveyancer or solicitor must prepare a compliant contract of sale. Under the Conveyancing (Sale of Land) Regulation 2022, the contract must attach prescribed documents including the title search, a current zoning certificate (s10.7 certificate) from the local council, a drainage diagram, and (for strata properties) the section 184 strata information certificate.
This stage is handled entirely by the vendor's side. If you are the buyer, you or your agent can request a copy of the contract to review before making an offer. Your conveyancer should review it before you commit to any price.
Stage 2: Pre-exchange due diligence (buyer)
Once you have a property in mind and a price agreed (verbally or in writing), your conveyancer reviews the contract in detail. This is the single most important stage for protecting your interests as a buyer. It covers:
- Reviewing all contract terms and special conditions, and requesting amendments where needed
- Ordering additional searches not attached by the vendor (such as a rates certificate, water arrears certificate, and environmental or planning searches relevant to the property)
- Advising on any encumbrances, easements, covenants, or caveats registered on the title
- Confirming the deposit amount and whether a deposit bond can be used instead of cash
- Advising on the cooling-off period and whether a 66W certificate is appropriate
This is also the stage where you should arrange a building and pest inspection. Your conveyancer reviews the contract; the building inspector reviews the physical property. Both are separate and both are recommended before exchange for private treaty purchases.
Stage 3: Exchange of contracts
Exchange is the point at which the transaction becomes legally binding. Each party signs their own copy of the contract, and the conveyancers exchange those signed copies simultaneously. From this point, both the buyer and the seller are legally committed to completing the transaction on the agreed terms.
The buyer typically pays a deposit at exchange -- most commonly 10% of the purchase price, though this is negotiable and can be lower by agreement. The deposit is held in the real estate agent's trust account (or the vendor's solicitor's trust account) until settlement.
See our detailed guide: Exchange of contracts in NSW: what happens and what to expect
Stage 4: Cooling-off period (private treaty only)
For most private treaty sales in NSW, the buyer has a statutory cooling-off period of 5 business days after exchange. During this window, the buyer can withdraw from the contract but must forfeit 0.25% of the purchase price to the vendor.
The cooling-off period exists as a safety valve -- not a substitute for due diligence. Ideally your contract review, building inspection, and finance approval happen before exchange. The cooling-off period protects you if something unexpected comes to light in those days.
There is no cooling-off period for properties purchased at auction, or where the buyer provides a 66W certificate waiving the right. Off-the-plan contracts carry a 10 business day cooling-off period under the Conveyancing Amendment (Vendor Disclosure) Act 2019.
See our detailed guide: Cooling-off period in NSW: how the 5 business days work
Stage 5: Pre-settlement
The pre-settlement period is the time between exchange and the agreed settlement date (typically 42 days in NSW, though this is set by the contract). During this period, both sides prepare for settlement:
- Buyer's side: prepares transfer documents; liaises with the buyer's lender to confirm the loan is ready to draw; arranges any stamp duty payment; orders a final title search to confirm no new encumbrances have been registered since exchange.
- Seller's side: confirms the discharge of any existing mortgage; calculates settlement adjustments for council rates, water rates, and (for strata) body corporate levies up to and including the settlement date.
- Both sides: prepare for electronic settlement on the PEXA platform (see below).
The buyer is entitled to a pre-settlement inspection of the property, typically in the day or two before settlement. This is your opportunity to confirm the property is in the same condition as at exchange and that any agreed inclusions (appliances, fixtures) are present.
See our guide: What happens on settlement day in NSW
Stage 6: Settlement
Since 2017, most NSW residential property settlements take place electronically on the PEXA (Property Exchange Australia) platform. Settlement involves the simultaneous electronic transfer of funds (from the buyer's lender to the vendor) and lodgement of the transfer document with NSW Land Registry Services.
At settlement, the buyer's conveyancer confirms that the correct amount has been transferred (including settlement adjustments), the vendor's mortgage is discharged, and the title transfer is lodged. Ownership passes at the moment of settlement, and the transfer is registered at NSW Land Registry Services in the days that follow.
The buyer does not typically attend settlement in person -- PEXA is handled entirely by the conveyancers and the lenders through the online platform. After settlement, you are notified that it has occurred and the keys are released (usually via the real estate agent).
See: How long does conveyancing take in NSW?
How long does conveyancing take in NSW?
The time between exchange and settlement is set by agreement in the contract. The most common settlement period in NSW is 42 days (6 weeks) after exchange, but it can range from 14 days to several months depending on what both parties need.
Total time from offer accepted to settlement (including pre-exchange due diligence) is typically 4 to 8 weeks for a straightforward private treaty sale. This includes:
- 1 to 7 days for the agent to issue a contract and for pre-exchange due diligence
- 5 business days for the statutory cooling-off period
- 42 days (most common) between exchange and settlement
Finance approvals, search results that require follow-up, or negotiated conditions can extend this. Off-the-plan purchases can involve 12 to 24 months (or more) between exchange and settlement while the property is constructed.
See our detailed timeline breakdown: How long does conveyancing take in NSW?
What does conveyancing cost in NSW? At a glance
The table below summarises the key costs for a standard NSW residential purchase. The single largest cost for most buyers is transfer duty (stamp duty), paid to Revenue NSW -- not the conveyancer's professional fee.
| Cost item | Typical range | Who it is paid to | Notes |
|---|---|---|---|
| Professional fee (licensed conveyancer) | $800 -- $1,500 | Your conveyancer | Covers all work from contract review to settlement |
| Professional fee (solicitor) | $1,200 -- $2,500 | Your solicitor | Higher if transaction is complex or disputed |
| Disbursements (searches, registration) | $350 -- $700 | Paid through your conveyancer | Title, council, water, drainage searches + PEXA + LRS lodgement |
| Building and pest inspection | $450 -- $650 | Inspection firm | Market rate; not regulated. Recommended before exchange. |
| Strata inspection report | $250 -- $400 | Strata inspector | Applies to strata properties (apartments, townhouses) only |
| Transfer duty (stamp duty) | Scales with price | Revenue NSW | e.g. ~$30,187 on an $800k purchase (2026-27 rates). First home buyers may be exempt. |
Transfer duty is calculated using Revenue NSW published rate schedules. Rates are indexed to CPI on 1 July each year. Use the Revenue NSW calculator for your exact figure. First home buyers buying an established home for $800,000 or less may be fully exempt under the First Home Buyers Assistance Scheme. Source: Revenue NSW; NSW LRS fee schedule; market survey of Sydney inspection firms.
For the full all-in breakdown at five price points, including stamp duty, all disbursements, and inspection costs: True cost of buying property in NSW: every cost at 5 price points.
For a focused look at professional charges: Conveyancing fees NSW: what licensed conveyancers and solicitors charge. For a total cost estimator you can calculate with your purchase price: How much does buying property in NSW cost? Complete cost estimator.
Can you do your own conveyancing in NSW?
Technically, NSW does not require you to use a licensed professional for your own property purchase or sale. However, in practice almost all buyers and sellers use a conveyancer or solicitor because:
- Mistakes in the process can result in losing your deposit, being liable for breach of contract, delays in title registration, or defective title.
- Most lenders require a solicitor or conveyancer to act on their behalf even if you do not engage one for yourself. You typically cannot access the electronic PEXA settlement platform as an individual -- you need a licensed "subscriber" to transact on the platform.
- The Conveyancing (Sale of Land) Regulation 2022 imposes prescribed content requirements on vendor contracts. A vendor who offers a non-compliant contract can be liable to the buyer for cooling-off rights or for rescission.
- NSW Land Registry Services requires correctly completed instruments for any title transfer. Errors delay registration and can result in the need to re-execute documents.
For most people, the cost of a licensed conveyancer -- typically $800 to $1,500 for a standard purchase -- is modest relative to the risks of a DIY approach on a property worth several hundred thousand dollars or more.
See: Do I need a conveyancer in NSW?
Next steps and related guides
Depending on where you are in the process, these guides are the most useful next steps:
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Frequently asked questions
Conveyancing Explained provides general information about property transactions in Australia. It is not legal advice and does not create a client relationship. For advice on your situation, engage a licensed conveyancer, settlement agent, or property solicitor in your state or territory.