Transfer of title in NSW: how it works, what it costs, and when you need one
A transfer of title is the legal process that changes the registered owner of a property in NSW. It happens every time a property is bought or sold, but it also occurs in divorce, inheritance, and when you add or remove a name from a title. Here is how the process works, what it costs, and when a conveyancer is required.
This guide provides general educational information about the property title transfer process in NSW. It is not legal advice. Every transfer has specific legal and financial implications. Consult a licensed conveyancer or solicitor for advice about your situation.
What a transfer of title is
In NSW, property ownership is recorded on the Torrens Title system, administered by NSW Land Registry Services (NSW LRS). The title register shows who legally owns each parcel of land in the state. A transfer of title is the process of updating that register to reflect a change in ownership.
Until the transfer is formally registered with NSW LRS, the previous owner remains the legal owner, even if money has changed hands. Registration is the step that makes a transfer legally effective.
The governing legislation for property conveyancing and title transfers in NSW is the Conveyancing Act 1919 (NSW), and transfer duty is governed by the Duties Act 1997 (NSW).
Four situations that require a title transfer
A title transfer is required whenever the legal ownership of a property changes. The four most common scenarios in NSW are:
1. Sale of a property
The most common type. When a property is sold, the conveyancing process culminates in a transfer of title from the vendor to the buyer at settlement. The buyer's conveyancer lodges the transfer document through PEXA (the electronic conveyancing platform) and the title is updated to show the new owner, simultaneously with the mortgage registration and payment of funds.
2. Separation or divorce
When a relationship ends, one party often transfers their interest in the family home to the other. This requires a formal title transfer, even if no money changes hands. Transfers under a court order made under the Family Law Act 1975 may qualify for a transfer duty exemption from Revenue NSW. A conveyancer will prepare the transfer document and advise on the duty position.
3. Inheritance and deceased estates
When a property owner dies, the title must be transferred to the beneficiaries named in their will, or to the next of kin if there is no will. If the property was held as joint tenants, the surviving owner receives the deceased's share by right of survivorship (a survivorship application, not a full transfer). If the property was held as tenants in common, the share passes through the estate and requires a transmission application followed by a transfer. Transfers from a deceased estate to a beneficiary generally attract a concessional transfer duty rate rather than the full rate.
4. Adding or removing a name from a title
When someone wants to add a partner, family member, or co-owner to a property title, or remove a name after a separation, a transfer is required. This is sometimes called a "partial transfer" because the existing owner transfers a share to the new co-owner. Transfer duty is assessed on the value of the share being transferred. If a mortgage exists on the property, the lender must consent to any change to the title.
The transfer process step by step
- Engage a licensed conveyancer or solicitor. Since October 2021, all NSW property title transfers must be lodged electronically through PEXA or Sympli. Only licensed conveyancers and solicitors can access these platforms. This makes professional assistance effectively mandatory for most title transfers.
- Verify identities and authority. All parties provide 100-point identity verification. Your conveyancer checks that everyone signing has the legal authority to do so, and that no caveats or encumbrances prevent the transfer. If a mortgage is being discharged, the lender must also be involved.
- Prepare and sign the transfer document. Your conveyancer prepares the Transfer form with the legal description of the property, the names of the transferor and transferee, and the consideration (the amount being paid, or "nil consideration" for certain family transfers). All parties sign digitally through the PEXA platform.
- Pay transfer duty to Revenue NSW. Before the transfer can be registered, transfer duty must be assessed and paid. Revenue NSW issues a duty assessment based on the dutiable value of the property. Payment must be made within 3 months of the liability arising, or 3 months from the date of the contract for a purchase.
- Lodge and settle through PEXA. Once duty is paid and all parties have signed in the PEXA workspace, the conveyancer sets a settlement date and time. At settlement, all documents are lodged simultaneously with NSW LRS and funds are exchanged. The title is updated to show the new owner, usually the same day.
Transfer duty (stamp duty): rates and exemptions
Transfer duty is assessed by Revenue NSW under the Duties Act 1997 (NSW). The rate is progressive and applied to the dutiable value of the property (the higher of the purchase price or market value).
Standard transfer duty rates (2025/26 financial year)
| Dutiable value | Duty payable |
|---|---|
| $0 to $17,000 | $1.25 for every $100 (minimum $20) |
| $17,001 to $37,000 | $212 plus $1.50 for every $100 over $17,000 |
| $37,001 to $99,000 | $512 plus $1.75 for every $100 over $37,000 |
| $99,001 to $372,000 | $1,597 plus $3.50 for every $100 over $99,000 |
| $372,001 to $1,240,000 | $11,152 plus $4.50 for every $100 over $372,000 |
| Over $1,240,000 | $50,212 plus $5.50 for every $100 over $1,240,000 |
| Over $3,721,000 (residential, premium duty) | $186,667 plus $7.00 for every $100 over $3,721,000 |
Source: Revenue NSW transfer duty rates 2025/26. Thresholds are adjusted annually for CPI. The premium duty threshold applies to residential property only.
Family transfer exemptions and concessions
Certain transfers between family members qualify for a transfer duty exemption or concession under the Duties Act 1997 (NSW). The main categories, assessed by Revenue NSW, are:
- Spouse or de facto partner transfer of the family home: The transfer of an interest in a principal place of residence between spouses or de facto partners may be exempt from transfer duty. Both parties must have lived in the property as their principal residence.
- Marriage or relationship breakdown: Transfers made in accordance with a court order under the Family Law Act 1975 (separation/divorce) may be fully exempt from transfer duty.
- Deceased estate transfers: A transfer from an estate to a beneficiary named in a will generally attracts a concessional duty rate rather than the full standard rate.
- Primary production land: Transfers of farm land between certain family members may be exempt under specific conditions.
Revenue NSW assesses each transfer individually. You or your conveyancer must lodge an exemption or concession claim with supporting evidence (court order, marriage certificate, or statutory declaration as applicable).
First home buyer transfer duty exemption
First home buyers purchasing a property valued at $800,000 or less (new or existing) are exempt from transfer duty under the First Home Buyers Assistance Scheme. A partial concession applies for properties valued between $800,001 and $1,000,000. For vacant land, the full exemption threshold is $350,000, with a concession up to $450,000.
The scheme also applies to off-the-plan purchases. See the first home buyer NSW guide for full eligibility criteria.
What a title transfer costs in NSW
The main costs associated with a property title transfer in NSW are:
- Transfer duty: Variable. Calculated at the progressive rates above unless an exemption or concession applies. For a $900,000 property: approximately $35,452 standard duty (before any first home buyer concession).
- NSW LRS lodgement fee: Approximately $160 for a transfer dealing, payable to NSW Land Registry Services.
- PEXA electronic lodgement fee: Approximately $140 to $150 per transaction, charged by PEXA for use of its electronic lodgement platform. Updated fees are published at pexa.com.au/pricing.
- Conveyancer or solicitor professional fees: Typically $800 to $2,500 for a straightforward transfer, depending on complexity. A sale with a simultaneous mortgage discharge and new mortgage registration will be toward the higher end.
For family transfers that qualify for a duty exemption, the total out-of-pocket cost (excluding professional fees) may be only the LRS lodgement and PEXA fees.
How long a title transfer takes in NSW
Once all documents are signed and transfer duty is paid, electronic lodgement through PEXA is typically completed on the same day or the next business day. The title update is usually reflected in the NSW LRS register within hours of successful lodgement.
The full process, from engaging a conveyancer to completion, typically takes:
- Standard property sale: 4 to 6 weeks (longer if the contract allows a longer settlement period, which is common for purchasers arranging finance).
- Spouse or family transfer (no mortgage): 2 to 3 weeks once documents are prepared and Revenue NSW duty assessment is complete.
- Deceased estate transfer (survivorship): 2 to 4 weeks for a joint tenancy survivorship application. Tenants in common transfers through an estate take longer (typically 4 to 8 weeks) depending on the estate administration progress.
Delays most commonly arise from Revenue NSW processing times for duty assessments, lender response times when a mortgage is involved, or delays in obtaining probate or court orders for estate transfers.
Do you need a conveyancer for a title transfer?
In practice, almost always. Since October 2021, all NSW property title transfers must be lodged electronically through PEXA (or its competitor Sympli). Only licensed conveyancers and solicitors can access these platforms to lodge documents. While the law does not explicitly require a conveyancer in all cases, the mandatory electronic lodgement requirement makes it effectively impossible to complete a title transfer without one.
In addition:
- Most lenders require a solicitor or conveyancer to act when a mortgage is being registered, discharged, or varied simultaneously with a title transfer.
- Revenue NSW exemption and concession claims require careful documentation. An error in a duty exemption claim can result in the full standard duty becoming payable.
- For estate transfers, the executor or administrator has legal obligations that are difficult to manage without professional guidance.
A licensed conveyancer can handle a straightforward title transfer more efficiently than a solicitor for most residential situations, and at a lower cost. For transfers involving complex family law orders or disputed estates, a property solicitor is usually preferable.
See the guide to choosing a conveyancer in NSW for what to look for when selecting a professional.
Common questions about transferring a property title in NSW
Do you need a conveyancer to transfer a property title in NSW?
In practice, yes. Since October 2021, all NSW property title transfers must be lodged electronically through PEXA or Sympli. Only licensed conveyancers and solicitors can access these platforms to lodge documents on your behalf. While there is no law preventing a person from attempting to act for themselves, the mandatory electronic lodgement system makes it effectively impossible without a licensed professional. Most lenders also require a conveyancer or solicitor to act when a mortgage is involved.
How long does a transfer of title take in NSW?
Once all documents are prepared and signed and transfer duty is paid to Revenue NSW, lodgement through PEXA is typically same-day or next-day. The full process from engaging a conveyancer to settlement ranges from 4 to 6 weeks for a standard property sale. For simpler transfers (spouse transfer, deceased estate survivorship) where no mortgage is involved, the process can be completed in 2 to 3 weeks. Delays typically arise from revenue duty assessment timelines or lender processing.
Is stamp duty payable on a transfer of title between family members in NSW?
It depends on the relationship and the reason for the transfer. Certain family transfers qualify for a transfer duty exemption or concession under the Duties Act 1997 (NSW). Transfers between spouses or de facto partners of a principal place of residence may be exempt. Transfers under a court order following marriage or relationship breakdown may also be exempt. Transfers from a deceased estate to a beneficiary generally attract only a concessional duty rate. Revenue NSW assesses each transfer on its specific facts. A conveyancer can advise which exemption applies in your situation.
What does a transfer of title cost in NSW?
The main costs of a title transfer in NSW are: (1) transfer duty (stamp duty) assessed by Revenue NSW at standard rates unless an exemption applies; (2) NSW Land Registry Services lodgement fee (approximately $160 for a transfer dealing); (3) PEXA electronic lodgement fee (approximately $140 to $150 per transaction); (4) conveyancer or solicitor professional fees (typically $800 to $2,500 depending on complexity). For transfers between spouses or from deceased estates, duty concessions or exemptions may significantly reduce the duty component. Costs were verified from Revenue NSW and PEXA as at June 2026.
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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.