Buying · 6 min read
Conveyancer or solicitor: who do you actually need to buy property?
Conveyancer vs solicitor in Australia: real 2026 fee bands, what each can legally do in NSW, VIC, QLD and WA, and when paying extra for a lawyer is worth it.
Roughly four in five Australian property transfers are handled by a licensed conveyancer, not a solicitor. The cheaper option isn't the wrong option for most buyers, and the more expensive option isn't a status purchase. The decision turns on what is actually inside your contract, not on what your parents used in 1994.
Here is the comparison without the law-firm marketing and without the conveyancing-industry defensiveness.
What each one is, legally
A conveyancer is a separately licensed property-transfer specialist. NSW, VIC, WA and SA all license conveyancers under their own state statutes, with mandatory professional-indemnity insurance and trust account audits. QLD is the outlier: it does not license conveyancers as a separate profession, so in Queensland the work is done either by a solicitor or by a paralegal supervised by one. ACT, NT and TAS sit closer to the QLD model.
A solicitor is a fully admitted lawyer. They can do everything a conveyancer does, plus give legal advice on anything outside the narrow scope of a property transfer: trusts, family-law overlays, disputed easements, estate planning, foreign-investment approvals, company structuring. That extra scope is what you're paying for when their invoice is bigger.
Fee bands for a standard 2026 purchase
For a vanilla suburban house or unit, current market rates sit in two bands.
- Conveyancer: $1,500 to $2,500 in professional fees, plus government search and settlement disbursements.
- Property-focused solicitor: $2,500 to $4,500 in professional fees, same disbursements.
Disbursements are roughly the same either way because they're third-party charges: title search, planning certificates, council rates certificate, water authority certificate, strata report on a unit, PEXA electronic settlement fee, and (optionally) title insurance. Expect $400 to $800 in disbursements on top of the professional fee, regardless of who you hire.
A $750,000 Sydney purchase, side by side
Take a non-first-home buyer purchasing a $750,000 freestanding house in suburban Sydney. The transfer paperwork is standard: a 66W certificate, a five-day cooling-off, a vanilla bank-funded settlement. Two quotes, both real-world plausible:
- Licensed conveyancer: $1,800 fee + $450 searches + $150 PEXA + $350 optional title insurance = $2,750 all-in.
- Property-focused solicitor: $3,200 fee + $450 searches + $150 PEXA + $350 optional title insurance = $4,150 all-in.
Net difference: about $1,400. For an identical contract, that buys you the same outcome on the title. The case for paying it is when the contract isn't identical, which is the next section.
The buying-cost calculator rolls conveyancing into the full upfront stack alongside stamp duty, LMI, and inspections, so you can see how much the fee-band choice actually moves the total.
When a solicitor is the right call
These are the situations where the extra $1,000 to $2,000 stops being optional and starts being cheap insurance.
- Off-the-plan purchase. Sunset clauses, defect rectification, deposit-bond mechanics, and developer-controlled variations need legal review, not a checklist run-through.
- Deceased estate or family-trust buyer.Probate status, trustee powers, and the interaction with state revenue rulings are outside a conveyancer's scope.
- Foreign-buyer surcharge territory. Stamp duty surcharge, land-tax surcharge and FIRB approval all stack. One mis-step costs five figures.
- Easements, encroachments, or boundary disputes on the section 10.7 / 32 / form 1 disclosure. A conveyancer flags them. A solicitor tells you whether the flag is fatal.
- Auction purchase with a related-party vendor, or a purchase tied to a divorce settlement, business sale, or self-managed super fund acquisition.
For everything else, a licensed conveyancer is the rational choice. That covers a first-home buyer picking up an established three-bedder, an owner-occupier upgrading within the same suburb, and an investor buying a tenanted unit on standard terms.
State-by-state quirks worth knowing
NSW and VIC are the conveyancer-friendliest states, with mature licensing regimes and competitive fee markets. WA conveyancers (called "settlement agents") are similarly regulated. SA conveyancers are licensed but a smaller cohort, so quotes can be thinner.
QLD is structurally different. Because there's no separate conveyancer licence, the cheapest providers are paralegal-led services operating under a supervising solicitor's practising certificate. The headline fee can still land in conveyancer territory, but the contract review itself is done by, or under, a lawyer. Don't assume the QLD "conveyancing" quote means the same thing as a Sydney one.
ACT and NT defer most property work to solicitors as a practical matter, even when not legally required. Tasmania licenses conveyancers but the market is small.
How to choose, in three questions
- Is anything about the buyer or the contract non-standard? If yes, start with a property solicitor.
- Is this a straight-up purchase from a normal vendor with a normal contract? A licensed conveyancer is the default.
- Are you within $1,000 to $2,000 of being able to afford the stamp-duty bill? Do not let conveyancing fees push you into a loan-shortfall. Get three written quotes and pick the middle-priced one with the cleanest scope.
Conveyancing is one line in a bigger cost stack. The first-home buyer guide walks the rest of it (deposit, LMI, stamp duty, inspections), and the NSW versus VIC stamp-duty comparison is worth a read if your state is still movable. For off-the-plan contracts specifically, the off-the-plan risks article spells out exactly which clauses a solicitor will earn their fee on.
The honest answer to "do I need a solicitor to buy a house?" is usually no. The honest answer to "can a conveyancer handle this?" is usually yes, with a small set of exceptions where the answer flips hard. Knowing which side of that line your purchase sits on is the entire decision.