The conveyancing process in NSW, step by step

Key facts

What does a conveyancer or conveyancing solicitor do?

A conveyancer or conveyancing solicitor handles the legal side of buying or selling property. That includes preparing or reviewing the contract, explaining your rights, running the checks and completing settlement.

In NSW, anyone doing conveyancing work for a fee needs a conveyancer licence unless they are a legal practitioner. A licensed conveyancer cannot do some legal work, such as starting court proceedings, creating a trust or preparing a will.

For a buyer, the job is to make sure you understand what you are signing and receive good title at settlement. For a seller, it starts with preparing the contract before the property is marketed.

Sources: Conveyancer licences; Sales contracts: requirements for property agents

What are the stages of conveyancing in NSW?

Most NSW residential sales move through the same six stages. The table shows what usually happens for each side, and which of our guides covers the stage in more detail.

Sources: Contracts and deposits when buying property in NSW; Buying property at an auction; Buying property off the plan; Exchanging contracts and settlement when buying a home

What are the conveyancing steps for a buyer?

For a buyer in NSW, the conveyancing steps usually run in this order.

1. Get the contract reviewed – Before you sign, have the contract, special conditions and attached documents reviewed, including the section 10.7 planning certificate. For most Baulkham Hills properties that certificate comes from The Hills Shire Council.
2. Arrange finance and inspections – Get loan approval and arrange building, pest and (for a lot in a strata scheme) strata reports. These reports are not compulsory in NSW, but they are recommended.
3. Exchange contracts – Signed copies of the contract are exchanged and you pay the deposit, usually 10%. If agreed, you can pay 0.25% on exchange and the balance before cooling-off ends.
4. Use the cooling-off period – For a residential private sale you have 5 business days, ending at 5pm on the fifth business day after exchange (10 business days for an off-the-plan contract), to cool off at a cost of 0.25% of the price. There is no cooling-off at auction or if contracts are exchanged on auction day after the property is passed in, and it is removed or shortened if your solicitor or licensed conveyancer gives the vendor a section 66W certificate.
5. Prepare for settlement – Your solicitor or conveyancer checks the title, arranges payment of transfer duty, works out the adjustments for council and water rates and coordinates with your lender.
6. Do a pre-settlement inspection – Some contracts let you inspect the property, usually on or just before settlement day, to check it is in the same condition as at exchange. Check whether your contract gives you this right.
7. Settle – Settlement happens electronically through an ELNO. The balance of the price is paid, the transfer is lodged and the agent usually releases the keys.

Sources: Conveyancing (Sale of Land) Regulation 2022; Pre-purchase inspection reports when buying a home; Making an offer on a property; Contracts and deposits when buying property in NSW; Buying property at an auction; Buying property off the plan; Exchanging contracts and settlement when buying a home

What are the conveyancing steps for a seller?

For a seller in NSW, the conveyancing steps usually run in this order.

1. Prepare the contract before marketing – A contract for sale must be prepared before a residential property is advertised or offered for sale, and the agent must have a copy available for inspection.
2. Attach the prescribed documents – The contract must attach the prescribed documents, including the property certificate (title search), the registered plan and dealings on title, a sewer or drainage diagram (where available) and a section 10.7 planning certificate. It must also include the prescribed cooling-off notice. A pool certificate is needed where there is a pool, with some exceptions.
3. Apply for an ATO clearance certificate – For contracts entered into from 1 January 2025, an Australian-resident seller needs an ATO clearance certificate for every sale, whatever the price, or the buyer must withhold 15% of the price. Processing can take up to 28 days, so apply early.
4. Exchange contracts – Once contracts are exchanged, you are bound. At a residential private sale the buyer usually has 5 business days to cool off (10 for an off-the-plan contract), unless the buyer's solicitor or licensed conveyancer gave a section 66W certificate waiving or shortening it. There is no cooling-off at auction.
5. Prepare for settlement – Your solicitor or conveyancer obtains the payout figure for any mortgage from your lender and prepares the settlement adjustments.
6. Settle and hand over – At settlement the buyer's funds are paid through the ELNO, your mortgage is repaid and your lender arranges its discharge from the title. The agent then usually releases the keys to the buyer.

Sources: Sales contracts: requirements for property agents; Steps to selling a property; Foreign resident capital gains withholding overview; Australian residents and clearance certificates; How do I discharge a mortgage?

How long does conveyancing take in NSW?

Under the standard NSW Contract for the sale and purchase of land (2022 and 2026 editions), completion is due on the 42nd day after the contract date, unless the parties agree otherwise. NSW Government guidance says settlement generally takes place around 6 weeks after exchange.

The parties can agree a different date. Off-the-plan contracts work differently: the developer must give the buyer the registered plan at least 21 days before settlement.

Transfer duty must be paid by the earlier of the settlement date or 3 months after the contract date. Revenue NSW's example is a contract dated 1 March with settlement on 12 April, where duty is due by 12 April.

Sources: Contract for the sale and purchase of land 2026 edition (sample); Exchanging contracts and settlement when buying a home; Buying property off the plan; Who pays transfer duty and when

How does electronic conveyancing work in NSW?

Since 11 October 2021, all NSW land dealings, caveats and priority notices must be lodged electronically, and paper certificates of title were cancelled. Settlement takes place online in an electronic lodgment network run by an approved Electronic Lodgment Network Operator (ELNO).

The approved ELNOs in NSW are PEXA and Sympli. PEXA is one option, not the only one.

Only a subscriber, such as a lawyer, a licensed conveyancer or a bank, can lodge through an ELNO. The subscriber acts on your written authority and must verify your identity.

Sources: 100% eConveyancing from 11 October; 100% eConveyancing in NSW; Electronic Lodgment Network Operators

Why do you need to verify your identity?

Your solicitor or conveyancer must take reasonable steps to verify your identity before acting for you in an electronic conveyancing transaction. This is required by the NSW Participation Rules for Electronic Conveyancing.

A face-to-face interview with original identity documents, following the Verification of Identity Standard, is treated as reasonable steps. If you have a mortgage, your lender verifies your identity separately.

Sources: NSW Participation Rules for Electronic Conveyancing (Version 7)

What checks and adjustments happen before settlement?

Before settlement, the buyer's solicitor or conveyancer checks the title and contract documents and works out the settlement figures. Key items include:

• Section 10.7 planning certificate: issued by the local council under the Environmental Planning and Assessment Act 1979, it shows zoning and constraints such as flooding, bushfire and road widening.
• Loose-fill asbestos: the contract must include a standard warning, and the section 10.7 certificate shows whether the property is on the loose-fill asbestos insulation register.
• Rates adjustments: council and water rates are apportioned between the buyer and the seller to the settlement date.
• Pre-settlement inspection: some contracts let the buyer do a final inspection, usually on or just before settlement day, to check the property is in the same condition as at exchange.
• Capital gains withholding: if the seller does not provide an ATO clearance certificate, the buyer must withhold 15% of the price and pay it to the ATO.

Sources: Conveyancing (Sale of Land) Regulation 2022; Loose-fill asbestos insulation laws; Exchanging contracts and settlement when buying a home; Foreign resident capital gains withholding overview

Can you do your own conveyancing in NSW?

NSW Government guidance says you can do your own conveyancing. However, the transaction must be lodged electronically through an ELNO, and only a subscriber such as a lawyer or a licensed conveyancer can do that.

So even if you handle the paperwork yourself, you will need a subscriber for lodgment and settlement. Mistakes in a contract or at settlement can be costly, so weigh that risk carefully.

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

How a conveyancing solicitor can help

Baulkham Hills Conveyancing can act for you from contract review through to settlement, including preparing or reviewing the contract, explaining cooling-off and section 66W certificates, and coordinating electronic settlement. Send us the contract or call (02) 9000 1408 to discuss your sale or purchase.

Frequently asked questions

Sources

1. Contract for the sale and purchase of land 2026 edition (sample) – The Law Society of NSW
2. Exchanging contracts and settlement when buying a home – NSW Government
3. 100% eConveyancing from 11 October – NSW Registrar General
4. 100% eConveyancing in NSW – NSW Registrar General
5. Electronic Lodgment Network Operators – Australian Registrars' National Electronic Conveyancing Council (ARNECC)
6. NSW Participation Rules for Electronic Conveyancing (Version 7) – NSW Registrar General
7. Contracts and deposits when buying property in NSW – NSW Government (NSW Fair Trading)
8. Buying property at an auction – NSW Government (NSW Fair Trading)
9. Making an offer on a property – NSW Government (NSW Fair Trading)
10. Pre-purchase inspection reports when buying a home – NSW Government (NSW Fair Trading)
11. Buying property off the plan – NSW Government
12. Conveyancing (Sale of Land) Regulation 2022 – NSW Legislation
13. Loose-fill asbestos insulation laws – NSW Government
14. Sales contracts: requirements for property agents – NSW Government (NSW Fair Trading)
15. Steps to selling a property – NSW Government (NSW Fair Trading)
16. Conveyancer licences – NSW Government (NSW Fair Trading)
17. Conveyancing for property buyers and sellers – NSW Government (NSW Fair Trading)
18. Who pays transfer duty and when – Revenue NSW
19. Foreign resident capital gains withholding overview – Australian Taxation Office
20. Australian residents and clearance certificates – Australian Taxation Office
21. How do I discharge a mortgage? – NSW Land Registry Services (Registrar General's Guidelines)

Related pages

Related services

• Residential Property Conveyancing
• Property Settlement Conveyancing
• Conveyancing for Sellers

Related guides

• The cooling-off period in NSW: how it works for property buyers
• How long does settlement take in NSW and what happens on settlement day?
• NSW stamp duty (transfer duty): 2026-27 rates, examples and when it is due
• Selling property in NSW: what sellers need to do, step by step
• Conveyancer or solicitor in NSW: what is the difference?
• Section 66W certificates in NSW: what buyers give up and what to check first
• Strata reports in NSW: what to check before buying a unit or townhouse
• Buying property at auction in NSW: what to check before you bid

Local pages

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