Buying or selling property is one of the most significant transactions many people will make in their lifetime. To ensure everything runs smoothly and legally, conveyancing plays a central role. But how does conveyancing work in Australia?

Conveyancing is the legal and administrative process of transferring property ownership, involving steps like contract preparation, property searches, managing funds and meeting disclosure obligations. A licensed conveyancer or property lawyer oversees the process to ensure legal compliance and protect your interests.

Whether you’re a buyer or seller, understanding how conveyancing works can help you avoid delays, disputes and costly mistakes. Read on to learn what each stage involves and how to make your property transaction smooth and stress-free.

A Quick Overview: How Conveyancing Works in Australia

Conveyancing involves several legal and administrative steps to finalise a property transfer. Key stages include:

  • Preparing and reviewing contracts
  • Conducting property searches
  • Handling deposits and settlement funds
  • Managing legal obligations and disclosures
  • Lodging documents with land authorities

A qualified conveyancer or property lawyer ensures all legal requirements are met, protecting your rights throughout the process.

Step 1: Pre-Contract Preparation

Before a property is listed or an offer is made, the seller’s legal representative (often a conveyancer or lawyer) will prepare the contract of sale.

For Sellers:

  • Ensure legal title to the property
  • Disclose relevant information (zoning, easements, restrictions)
  • Include required documents (Vendor Statement or Section 32 in Victoria)

For Buyers:

  • Start reviewing the contract and Section 32
  • Arrange pre-approval for finance
  • Engage a conveyancer or lawyer to advise before signing

Early legal review can reveal hidden issues or negotiate favourable contract terms.

Step 2: Signing the Contract of Sale

Once both parties agree on the price and terms, the contract is signed and exchanged. This is a legally binding step.

Key Legal Considerations:

  • Cooling-off periods apply in most states (except at auction)
  • Special conditions (subject to finance, building inspections) may be added
  • The buyer usually pays a deposit (typically 10%)

Once contracts are exchanged, both parties are committed to the sale, subject to any conditions being met.

Step 3: Conducting Property Searches

The buyer’s legal representative will then conduct various searches to identify any issues with the property.

Common Searches Include:

  • Title search (confirming legal ownership)
  • Council and water rates
  • Zoning certificates
  • Land tax and strata records (if applicable)

These searches ensure there are no legal, planning or financial surprises before settlement.

Step 4: Satisfying Contract Conditions

If the contract includes conditions (e.g. finance approval or pest/building inspections), they must be satisfied within the specified timeframe.

For Buyers:

  • Secure formal loan approval
  • Arrange pest and building inspections
  • Notify the seller if withdrawing based on these conditions

Failing to meet these conditions on time can result in loss of deposit or legal penalties.

Step 5: Preparing for Settlement

Once conditions are met, both parties prepare for settlement, the day legal ownership officially changes.

The Buyer’s Conveyancer Will:

  • Confirm final figures (adjustments for council rates, water usage, etc.)
  • Prepare settlement statements
  • Coordinate with the bank (if applicable) for funds transfer
  • Book a settlement date and time

The Seller’s Conveyancer Will:

  • Arrange discharge of mortgage (if applicable)
  • Provide keys and necessary documents to the buyer
  • Confirm receipt of payment

Step 6: Property Settlement Day

On settlement day, legal ownership is transferred and funds are exchanged.

What Happens:

  • The buyer pays the remaining balance
  • Documents are lodged electronically 
  • The buyer becomes the legal owner
  • The seller receives funds and hands over keys

Most settlements in Australia now occur digitally, which improves efficiency and security.

Step 7: Post-Settlement Tasks

After settlement, there are still a few tasks to finalise.

For Buyers:

  • Update property ownership with local council and utilities
  • Collect the keys from the agent or seller
  • Move into the property

For Sellers:

  • Cancel any insurances, services and utility accounts
  • Notify relevant parties of address change

Your legal representative will handle most of these post-settlement tasks.

Why Legal Support Matters in Conveyancing

Conveyancing may sound procedural, but property transactions often involve legal risks. From contract review to settlement, expert legal advice can help you:

  • Avoid hidden liabilities
  • Understand your rights and responsibilities
  • Handle delays, disputes or finance issues
  • Ensure contracts comply with state-specific laws

A property lawyer offers comprehensive support and peace of mind that everything is legally sound.

How Long Does Conveyancing Take in Australia?

The typical conveyancing process takes 4 to 6 weeks from contract exchange to settlement. However, timelines can vary depending on:

  • Finance approval delays
  • Strata or building inspection issues
  • Disputes between parties

Having a lawyer manage the timeline and communications keeps things on track and reduces stress.

Costs Involved in Conveyancing

Costs vary depending on the state and complexity of the transaction.

Typical conveyancing costs include:

  • Professional legal or conveyancer fees ($800–$2,500)
  • Government fees (stamp duty, registration fees)
  • Search and disbursement fees

Getting a cost estimate upfront from your legal team avoids surprises.

Final Thoughts

So, how does conveyancing work in Australia? It involves more than just signing paperwork. From contract preparation and legal searches to managing settlement and registration, conveyancing ensures that your property transaction is legally compliant and risk-free.

Whether you’re buying your first home or selling an investment property, legal guidance helps protect your rights, finances and peace of mind every step of the way.

Need Help with Conveyancing?

At Rotstein Commercial Lawyers, we offer expert legal support for property buyers and sellers across Australia. From residential sales and commercial purchases to complex title issues, our experienced team can handle the conveyancing process from start to finish.

Ensure your property transaction is smooth and secure. Call us on +61 3 9604 7888 or visit our Contact Us page to schedule a consultation today.