Do I need a conveyancer in NSW?

Most people buying or selling property in NSW engage a licensed conveyancer or solicitor, but it is not always a strict legal requirement. Whether you need one, and how much their involvement matters, depends on the type of transaction. Here is a plain-English breakdown.

Buying a property in NSW

NSW law does not require a buyer to engage a conveyancer or solicitor. You are legally permitted to act for yourself. However, in practice, almost all buyers engage a professional for several reasons:

• Contract review is critical before exchange. Once you exchange contracts in NSW, you are legally committed. The cooling-off period (5 business days for private treaty sales) gives you a narrow window to withdraw, but you still forfeit 0.25% of the purchase price if you do. Errors in reviewing the contract before exchange can be expensive.
• Searches require professional access or interpretation. A title search, planning certificate (section 10.7), drainage diagram, and other searches reveal material information about the property. A conveyancer knows what to look for and how to interpret what comes back.
• Your lender will require its own legal representation. If you have a mortgage, the bank or lender engages its own solicitor or conveyancer to protect its interest in the security. You are generally responsible for those legal costs in addition to your own.
• PEXA requires a licensed subscriber. Electronic settlement through the PEXA platform (now standard for most NSW property transactions) requires a licensed practitioner to act as your subscriber. You cannot settle on PEXA yourself without one.
• Transfer duty must be assessed and paid correctly. A conveyancer ensures transfer duty is calculated accurately, any applicable first home buyer exemptions or concessions are claimed, and Revenue NSW receives payment on time.

The short answer for most buyers: while technically optional, conveyancing is one of the most consequential legal steps in the property purchase process. The cost of engaging a professional is modest relative to the purchase price and the risks of getting it wrong.

Selling a property in NSW

For sellers in NSW, the law is more prescriptive. Under the Conveyancing (Sale of Land) Regulation 2022, a vendor must attach prescribed documents to the contract of sale before the property can be offered for sale or a deposit taken. These include:

• A title search
• A section 10.7 planning certificate (zoning certificate from the relevant council)
• A drainage diagram
• A copy of any relevant sewerage service diagrams
• For strata properties: a copy of the strata plan and by-laws

Failing to include the prescribed documents makes the contract void and gives the buyer a right to rescind. In practice, preparing a compliant contract for sale almost always requires a licensed conveyancer or solicitor. The paperwork requirement for sellers is the strongest practical argument for engaging a professional.

Before an auction in NSW

Buying at auction is one situation where early legal review is particularly important. When you are the successful bidder at auction, you sign the contract and pay the deposit immediately. There is no cooling-off period for properties purchased at auction in NSW. You are unconditionally committed from the moment the hammer falls.

This means any issues with the contract, the title, or the property's legal status need to be identified before the auction, not after. A conveyancer or solicitor can review the contract of sale (available from the agent in advance of auction) and advise you on any concerns so you can make an informed decision before you bid.

Pre-auction contract review is typically a paid service and is one of the most valuable things a legal professional can do for a prospective buyer in a competitive market.

Refinancing your mortgage

Refinancing (switching your mortgage to a new lender or restructuring your existing loan) does not involve a sale or purchase of the property, but it does involve legal steps:

• Discharging the existing mortgage and removing it from the title
• Registering the new mortgage on the title
• Updating any relevant documents with NSW Land Registry Services

Your incoming lender will appoint its own solicitor or conveyancer to handle their side of the process (and you pay their costs). Whether you need your own legal representation for a straightforward refinance depends on your personal circumstances. Many people rely on the lender's representative alone. If your refinance involves a change in ownership structure, adding or removing a borrower, or dealing with any complication on the title, your own legal representation is recommended.

Private transfers and gifting property

Transferring a property between family members, adding a spouse or partner to a title, or gifting a property involves registering a transfer of title with NSW Land Registry Services. Transfer duty may still apply even in private transfers (though some exemptions exist for certain spouse and de facto transfers). A conveyancer or solicitor can:

• Prepare the transfer documents and lodge them with NSW Land Registry Services
• Assess whether transfer duty is payable and whether any exemption applies
• Advise on the stamp duty consequences of different ownership structures

Revenue NSW provides information on transfer duty exemptions and concessions, including those available for transfers between spouses and de facto partners in certain circumstances.

Can you do your own conveyancing in NSW?

Legally, yes. NSW does not prohibit a natural person from conducting their own conveyancing for their own property. In practice, there are significant barriers:

• PEXA access: You cannot act as your own subscriber on the PEXA electronic settlement platform. A licensed practitioner must represent you for any PEXA settlement. Most residential settlements in NSW now occur on PEXA.
• Lender requirements: Most mortgage lenders require their own legal representative. Even if you act for yourself, you may need to coordinate with the bank's solicitor or conveyancer.
• Prescribed contract requirements for vendors: The mandatory documents that must attach to a vendor's contract of sale under the Conveyancing (Sale of Land) Regulation 2022 are complex to assemble without professional experience.
• Title searches and interpretation: Knowing what to search, how to read the results, and what flags require further investigation takes experience.

For the vast majority of buyers and sellers, the practical barriers to DIY conveyancing are greater than the cost of engaging a professional.

The bottom line

Conveyancing Explained provides general information about property transactions in New South Wales. It is not legal advice and does not create a client relationship. For advice on your situation, engage a licensed NSW conveyancer or a solicitor.