Conveyancing South Australia: the complete guide for buyers and sellers
Conveyancing is the legal process of transferring ownership of property from one person to another. In South Australia it has a distinctive shape: the seller must give the buyer a signed Form 1 vendor statement, but unlike some other states it can arrive before or after the contract is signed, which is what controls when the buyer's short, 2 clear business day cooling-off period actually starts. The biggest cost is stamp duty, and South Australia's first home buyer relief turns on a strict new-versus-established distinction rather than a sliding scale. This hub explains how it all fits together and links to eight in-depth South Australian guides.
What conveyancing is in South Australia
Conveyancing covers everything between agreeing to buy or sell a property and the transfer of ownership being registered at Land Services SA. For a buyer that means reviewing the Form 1 vendor statement and the contract, arranging finance and inspections, and completing settlement. For a seller it means preparing the Form 1 and the contract, and discharging any mortgage at settlement.
The document at the centre of it is the Form 1 vendor statement, required by section 7 of the Land and Business (Sale and Conveyancing) Act 1994 (SA). Unlike Victoria, where the equivalent Section 32 must always be given before signing, South Australia allows the Form 1 to be served before or after the contract, with a strict 10-clear-day deadline before settlement acting as the backstop, and its timing also fixes when the buyer's cooling-off period begins.
Who does conveyancing in South Australia
Two kinds of professional can act on a South Australian transaction:
- Licensed conveyancers specialise in property transfers and are licensed under the Conveyancers Act 1994 (SA). For a standard residential purchase or sale, a licensed conveyancer handles the whole matter and usually costs less than a lawyer.
- Property lawyers (solicitors) can also convey, and are worth using where the matter carries a legal complication: a deceased estate, a dispute, a trust or company structure, or an unusual contract term.
Either way, engage your professional early, both to have the Form 1 reviewed the moment it arrives and, if you are selling, to have it prepared accurately in the first place; the 10-day pre-settlement deadline and the offence for getting it wrong leave little room for delay. If you are weighing the two, see conveyancer versus solicitor.
The stages, from Form 1 to settlement
- Offer and contract. You negotiate through the agent and sign the contract of sale. The Form 1 may already have been served, or may follow shortly after.
- Form 1. If not already given, the vendor must serve the Form 1 within 10 clear days of settlement at the latest. Its arrival date, relative to signing, sets your cooling-off clock.
- Cooling-off. On a private treaty sale the buyer has 2 clear business days to withdraw from whichever of signing or Form 1 service happens later, with a cap of $100 on any deposit the vendor may keep. There is no cooling-off at auction.
- Between contract and settlement. The conveyancer assesses stamp duty, confirms the Form 1 deadline is met, runs final searches, coordinates finance and rate adjustments, and books settlement.
- Settlement. Most settlements complete electronically through PEXA: funds transfer, any mortgage is discharged, duty is paid, and the title transfers. The agent releases the keys.
The full walkthrough is in the South Australian conveyancing process guide.
What conveyancing costs in South Australia: at a glance
A South Australian conveyancer or lawyer typically charges about $700 to $1,300 for a standard residential matter (a market estimate). That professional fee is usually the smallest part of what a buyer pays: stamp duty, set by RevenueSA, is by far the largest cost, and South Australia has no lower rate for owner-occupiers the way Victoria does. The duty figures below are computed from the current official rate table.
| Purchase price | Stamp duty (standard rate) |
|---|---|
| $500,000 | $21,330 |
| $750,000 | $35,080 |
| $1,000,000 | $48,830 |
One concession can cut duty to nothing: an eligible first home buyer pays no stamp duty at all, with no value cap, on a new home, an off-the-plan apartment or vacant land (at $650,000 that is $0 rather than the standard $29,580), but gets no relief whatsoever on an established home. The full breakdown, including the professional fee, disbursements and registry fee, is in the conveyancing cost South Australia guide, and you can estimate your own duty with the stamp duty South Australia calculator.
All eight South Australian guides
The South Australian cluster is eight in-depth guides plus this hub. Start with whichever matches where you are:
Calculators and state comparisons
To compare South Australia against other states, or to estimate your own numbers:
Buying or selling in New South Wales or Victoria instead? See the NSW conveyancing guide or the Victoria conveyancing guide.
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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.