Conveyancer or solicitor in NSW: what is the difference?

Key facts

Can I use a conveyancer or a solicitor in NSW?

Yes. NSW Government guidance says you can use a licensed conveyancer or a solicitor to buy or sell property, and that conveyancers and solicitors are equally qualified to do conveyancing.

Either can prepare or review the contract, give a section 66W certificate to waive or shorten a buyer's cooling-off period, and lodge and settle electronically. The main differences are how each is regulated and what legal work each can do beyond conveyancing.

Sources: Conveyancing for property buyers and sellers; Sales contracts: requirements for property agents; Contracts and deposits when buying property in NSW; 100% eConveyancing from 11 October

What does a conveyancer or solicitor do when you buy or sell?

Conveyancing is the legal work involved in transferring property from the seller to the buyer, including preparing the sale contract, mortgage and related documents. The core tasks are the same whichever kind of practitioner you use.

• For a seller: preparing the contract, with the prescribed documents attached, before the property is advertised or offered for sale.
• For a buyer: examining the contract and explaining it before exchange, including the cooling-off period.
• Arranging building and pest inspections and, for a strata property, examining a strata inspection report.
• Handling exchange of contracts and payment of the deposit.
• Arranging payment of transfer duty (stamp duty).
• Working with the lender on the mortgage, then lodging and settling electronically.

Sources: Conveyancing for property buyers and sellers; Sales contracts: requirements for property agents; 100% eConveyancing from 11 October

How are conveyancers and solicitors regulated in NSW?

Conveyancers must be licensed with NSW Fair Trading under the Conveyancers Licensing Act 2003. Anyone who does conveyancing work for a fee needs a conveyancer licence unless they are a legal practitioner. NSW Government guidance says most conveyancers hold an unrestricted licence covering residential, commercial and rural property.

Solicitors are legal practitioners, so they do not need a conveyancer licence. A solicitor practising in NSW must hold a current practising certificate, and the Law Society of NSW publishes a register of solicitors who hold one it has issued.

NSW Government guidance also notes that both solicitors and conveyancers must have professional indemnity insurance.

Sources: Conveyancer licences; Conveyancers Licensing Act 2003 (NSW); Register of Solicitors; Conveyancing for property buyers and sellers

Conveyancer vs solicitor: how do they compare?

This table compares the two for a typical NSW residential purchase or sale.

The "No" answers come from the limits on a conveyancer licence. They do not make either choice right for every matter: the better fit depends on what your matter involves.

Sources: Conveyancer licences; Conveyancing for property buyers and sellers; Contracts and deposits when buying property in NSW; 100% eConveyancing from 11 October; Register of Solicitors

What can't a licensed conveyancer do in NSW?

The Conveyancers Licensing Act 2003 limits the work a licensed conveyancer can do. Solicitors do not need a conveyancer licence, so those limits do not apply to them, although giving financial product advice is regulated separately for solicitors too.

Under the Act, a licensed conveyancer cannot:

• commence or maintain legal proceedings;
• set up a company or change its constitution (memorandum or articles of association);
• create, vary or end a trust;
• prepare a will;
• act on a non-residential mortgage over $7 million; or
• give investment or financial advice.

Sources: Conveyancer licences; Conveyancers Licensing Act 2003 (NSW)

When might a solicitor's broader legal scope matter?

For a standard home purchase or sale, either can act. A solicitor's broader scope may become relevant when the property matter is tied to other legal work, for example:

• A dispute: if a contract falls over and court proceedings are needed, a licensed conveyancer cannot start or run them.
• Trusts, including self-managed super fund purchases: a licensed conveyancer can act on a purchase by a trustee, but cannot do the work of creating, varying or ending a trust, such as preparing a holding trust deed for an SMSF borrowing or changing a trust deed.
• Deceased estates: registering the executor or administrator on title, or transferring the property to a beneficiary, can sit alongside wider questions about the will and the estate.
• Relationship-property transfers: a transfer after separation may rely on a court order or binding financial agreement under the Family Law Act, which also affects whether a transfer duty exemption applies.
• Commercial matters: commercial purchases and leases can raise wider legal questions, and a licensed conveyancer cannot act on a non-residential mortgage over $7 million.

Sources: Conveyancer licences; Transmission application: Registrar General's Guidelines; Transfer duty exemption for transfers after marriage or relationship break-ups

Can I do my own conveyancing in NSW?

Yes, NSW Government guidance says you can do your own conveyancing. But since 11 October 2021, NSW land dealings must be lodged electronically, and lodgment is done by a subscriber, such as a lawyer or a licensed conveyancer, through an electronic lodgment network.

The guidance also warns that you remain personally liable if something goes wrong, even if you followed a kit's instructions, and that you may find it hard to buy the level of insurance a practitioner carries.

Sources: Conveyancing for property buyers and sellers; 100% eConveyancing from 11 October

How do I choose between a conveyancer and a solicitor?

Choose the person and the service, not just the title. Whichever you choose, check these points before you sign anything:

• Check their licence or practising certificate: NSW Fair Trading's public licence register for conveyancers, or the Law Society of NSW register for solicitors.
• Ask for written costs information that separates professional fees from disbursements.
• Ask who will handle your matter day to day and how you can reach them.
• Ask how they will keep you informed about key dates, such as the end of the cooling-off period, the deposit balance and settlement.
• Ask whether they will review the contract before you exchange and explain the cooling-off period and any section 66W certificate.
• Consider whether your matter involves anything beyond the sale itself, such as setting up or changing a trust, an estate, a separation or a dispute.

Sources: Conveyancer licences; Register of Solicitors

How a conveyancing solicitor can help

Baulkham Hills Conveyancing is a solicitor practice, led by principal solicitor Jacob Bozdas. We act on residential and commercial conveyancing, contract review and settlement: we can review your contract before you exchange, explain the cooling-off period and the effect of a section 66W certificate, and coordinate settlement. If your matter also needs other legal work, such as a dispute, a will or a trust, ask us at the start whether we can help. Send us the contract or call (02) 9000 1408.

Frequently asked questions

Sources

1. Conveyancing for property buyers and sellers – NSW Government (NSW Fair Trading)
2. Conveyancer licences – NSW Government (NSW Fair Trading)
3. Conveyancers Licensing Act 2003 (NSW) – NSW Legislation
4. Register of Solicitors – The Law Society of NSW
5. Contracts and deposits when buying property in NSW – NSW Government (NSW Fair Trading)
6. Sales contracts: requirements for property agents – NSW Government (NSW Fair Trading)
7. 100% eConveyancing from 11 October – NSW Registrar General
8. Conveyancing Act 1919 (NSW), section 66W: Certificates – AustLII (NSW Consolidated Acts)
9. Transmission application: Registrar General's Guidelines – NSW Land Registry Services (Registrar General's Guidelines)
10. Transfer duty exemption for transfers after marriage or relationship break-ups – Revenue NSW

Related pages

Related services

• Residential Property Conveyancing
• Commercial Property Conveyancing
• Contract Review and Legal Advice

Related guides

• Conveyancing fees in NSW: what a quote usually includes
• The conveyancing process in NSW, step by step
• Section 66W certificates in NSW: what buyers give up and what to check first
• Transferring property to a family member in NSW: duty, exemptions and title

Local pages

• Conveyancing in Baulkham Hills
• Conveyancing in Norwest
• Conveyancing in Castle Hill