Settlement agent vs conveyancer in WA: do you need both?
If you have bought or sold property interstate before, you might go looking for a "conveyancer" in WA and wonder why every website talks about "settlement agents" instead. The short answer is that in Western Australia they are the same thing. WA is the one state that gave this licensed work its own separate title, under its own separate Act, rather than calling it conveyancing the way NSW, Victoria, Queensland, SA and Tasmania do. This guide explains exactly what a settlement agent does, when the word "conveyancer" is still used in WA and what it means when it is, and the one situation where you need a solicitor as well.
General information about settlement agents and conveyancing in Western Australia. It is not legal advice. For advice about your specific transaction, speak with a licensed WA settlement agent or property lawyer. About our editorial standards.
Which situation describes you?
The professional you need depends on how straightforward your transaction is. Find your situation below.
| Situation | Who you need |
|---|---|
| Standard residential purchase or sale | A licensed settlement agent. This covers the vast majority of WA transactions and is usually the lower-cost option. |
| First home buyer claiming the FHOR | A settlement agent, who lodges the first home owner rate claim as part of the standard duty assessment. No extra professional needed for eligibility alone. |
| Deceased estate, trust or company sale | Consider a solicitor. These transactions carry legal complexity a settlement agent is not licensed to advise on. |
| Contract dispute with the other party | A solicitor. Settlement agents are limited in what they can do once a dispute arises; this is the main point at which WA transactions need a lawyer, not just a settlement agent. |
| A firm advertises as a "conveyancer" in WA | Check they hold a current WA settlement agent licence. "Conveyancer" is used informally in WA marketing, but the legal licence that matters is a Settlement Agent Licence under the Settlement Agents Act 1981. |
What a settlement agent is
A settlement agent is a person licensed in Western Australia to carry out the legal and administrative work of transferring property from a seller to a buyer: preparing and lodging the documents Landgate needs to register the change of ownership, dealing with banks and lenders, running title searches, calculating settlement figures, and coordinating the electronic settlement itself. It is WA's equivalent of what NSW, Victoria, Queensland, South Australia and Tasmania each call "conveyancing," done by a "conveyancer."
WA is the only state that uses "settlement agent" as the formal licensed title for this occupation. That is a naming difference, not a difference in the underlying work: due diligence on title, coordinating the settlement date, and checking paperwork against WA's requirements are the same tasks a conveyancer performs elsewhere.
Why "settlement agent" and "conveyancer" mean the same thing in WA
Consumer Protection WA, the state regulator, addresses this directly on its own "Settlement agents and conveyancers" page: in practical terms the two titles describe the same regulated occupation in WA. Multiple independent WA settlement firms confirm the same thing in their own explainers: the substantive difference between a settlement agent and a conveyancer in WA is, in practice, nothing. "Settlement agent" is simply the more common and the legally precise term used here, because it is the title defined and licensed under WA legislation, while "conveyancer" survives in everyday use and in some firms' marketing as the more nationally familiar word for the same job.
If you see a WA business calling itself a "conveyancer," that is not a red flag by itself, but it is worth confirming they hold a current WA settlement agent licence, because that licence, not the word on their website, is what makes the work legally valid.
Licensing under the Settlement Agents Act 1981
Settlement agents in WA are licensed by the Department of Energy, Mines, Industry Regulation and Safety (DMIRS) under the Settlement Agents Act 1981 (WA). A licensed settlement agent holds both a current Settlement Agent Licence and a triennial certificate, which must be renewed every three years, and must meet ongoing professional requirements to keep practising. Settlement agent fees in WA are deregulated, meaning firms set their own rates rather than following a fixed government scale; see the conveyancing cost WA guide for current market ranges.
A settlement agent's primary and, usually, sole service is assisting with the transfer of property. Unlike a solicitor, a settlement agent is not licensed to represent you in a court dispute or give broad legal advice outside the settlement process itself.
What a settlement agent actually does
For a standard WA purchase or sale, a settlement agent typically:
- Reviews the Offer and Acceptance contract and advises on conditions before you sign.
- Runs title searches through Landgate and checks for anything registered against the property.
- Calculates and lodges your transfer duty assessment with RevenueWA, including any first home owner rate.
- Liaises with your lender (and the other party's lender or settlement agent) to arrange the electronic settlement.
- Prepares and lodges the transfer of land documents with Landgate.
- Handles the settlement figures: adjustments for rates, water charges, and any mortgage discharge.
This is the same list of tasks a conveyancer performs on a standard transaction in any other state; the licensing regime and the title are what differ in WA, not the substance of the work.
When you need a solicitor as well
A settlement agent covers the great majority of WA residential transactions. You should consider engaging a solicitor instead, or in addition, where your matter involves:
- A dispute with the other party over the contract, a condition, or a defect discovered before settlement.
- A deceased estate, where probate or letters of administration are involved.
- A trust or company structure that adds legal complexity beyond a standard individual purchase or sale.
- Any matter where you need court representation or formal legal advice beyond the settlement process itself.
Some WA settlement agents also hold a legal practising certificate and can act in both capacities; ask directly if your matter might need that broader scope, rather than assuming every settlement agent can provide it.
How this differs from every other state
Every other Australian state and territory uses "conveyancer" (or, in Queensland and the ACT, relies on solicitors because there is no independent conveyancer licence at all) for this work. WA stands alone in giving the occupation its own name and its own Act. Practically, this means a WA settlement agent's licence does not automatically transfer interstate, and a conveyancer licensed in another state cannot act on a WA transaction without also holding a WA settlement agent licence. If you are relocating from interstate, expect the paperwork and the professional title to look different, even though the underlying job of transferring property ownership is the same. See the conveyancer versus solicitor guide for how the choice works in states that use the "conveyancer" title.
How to choose a WA settlement agent
Whichever title a firm uses on its website, confirm before you engage them:
- They hold a current Settlement Agent Licence and triennial certificate (you can check licensing status with Consumer Protection WA / DMIRS).
- Their quote separates the professional fee from disbursements, so you can compare it against the market ranges on the conveyancing cost WA guide.
- They are responsive early, ideally before you make an offer, since WA's no-cooling-off-period rules mean their advice matters most before you sign, not after.
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Common questions
Is a settlement agent the same as a conveyancer in WA?
Yes, in practice. WA is the only state that licenses this work under the separate title "settlement agent," under the Settlement Agents Act 1981, rather than calling it conveyancing. Consumer Protection WA and multiple independent WA firms confirm the substantive difference between the two titles in WA is nothing; a WA business marketing itself as a "conveyancer" is doing the same licensed work as one calling itself a "settlement agent."
Do I need both a settlement agent and a conveyancer in WA?
No. You need one licensed WA settlement agent for a standard transaction, regardless of which of the two words they use to describe themselves. Engaging both would mean paying twice for the same work.
How is a settlement agent licensed in WA?
Settlement agents are licensed by DMIRS under the Settlement Agents Act 1981 (WA), and must hold both a current Settlement Agent Licence and a triennial certificate, renewed every three years, to keep practising.
When do I need a solicitor instead of a settlement agent in WA?
Where your matter involves a contract dispute, a deceased estate, a trust or company structure, or anything requiring court representation or broader legal advice. A settlement agent handles the standard transfer process but is not licensed for those situations.
Are settlement agent fees regulated in WA?
No. Settlement agent fees in WA are deregulated, meaning firms set their own rates. Market estimates put a standard settlement at roughly $700 to $2,500 depending on whether you are buying or selling; always get a written fixed-fee quote for your own matter.
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.