What Is Conveyancing and Why Do You Need It?
Conveyancing is the legal process of transferring ownership of property from one person to another. In both Queensland and New South Wales, every property transaction, whether you are a buyer (purchaser) or a seller (vendor), requires conveyancing to be completed correctly before ownership can legally transfer and before the title can be registered in the new owner’s name.
In Queensland, conveyancing can be conducted by a licensed conveyancer or a solicitor. In New South Wales, conveyancing can be conducted by a licensed conveyancer or a solicitor. Both states require the process to be completed through the PEXA electronic settlement platform for virtually all transactions.
Without a conveyancer, a property transaction cannot be completed in either state. It is not a service you choose to add, it is a legal necessity for every property purchase and sale.
What Makes Up the Total Cost of Conveyancing?
Conveyancing costs in both QLD and NSW are made up of two distinct components that are important to understand separately:
Professional fees: what the conveyancer or solicitor charges for their legal work, advice and management of the transaction from start to finish.
Disbursements: third-party costs paid on the client’s behalf for searches, certificates, registration fees and PEXA charges. These are not profit for the conveyancer, they are fees set and charged by government registries, local councils, water authorities and other third parties.
When comparing conveyancing quotes, always confirm whether the quoted amount includes both components, and whether GST is included or excluded.
For a current fixed fee quote specific to your transaction in QLD or NSW, contact Milana Law directly. Fees vary depending on property type, location and transaction complexity, and we will give you a clear, all-inclusive figure from the very first conversation.
What Is Included in the Professional Conveyancing Fee?
The professional fee covers all the legal work performed by the conveyancer throughout the transaction.
For a buyer (purchaser), this includes:
- Reviewing and advising on the Contract for Sale or REIQ contract before exchange or signing
- Advising on special conditions and negotiating amendments where required
- Ordering and reviewing all required property searches
- Liaising with the seller’s (vendor’s) conveyancer throughout the transaction
- Liaising with the buyer’s (purchaser’s) lender in relation to the mortgage
- Preparing settlement figures and calculating adjustments for rates, water and levies
- Managing the PEXA electronic settlement workspace
- Attending to the electronic settlement and transfer of ownership
- Registering the transfer of title with the relevant land registry
For a seller (vendor), this includes:
- Preparing the Contract for Sale (NSW) or coordinating the REIQ contract (QLD)
- Reviewing offers and special conditions proposed by the buyer (purchaser)
- Liaising with the buyer’s (purchaser’s) conveyancer throughout the transaction
- Attending to the discharge of the existing mortgage
- Managing the PEXA settlement workspace for the seller’s (vendor’s) side
- Completing settlement and ensuring the net sale proceeds are received correctly
What Are Disbursements and What Do They Cover?
Disbursements are third-party costs that the conveyancer pays on the client’s behalf and passes through at cost. They are set by external bodies, government registries, local councils, water authorities and PEXA, and are not within the conveyancer’s control to negotiate or reduce.
Common disbursements in a NSW property purchase include:
- Title search – confirms ownership and registered interests on the title
- Section 10.7(2) Planning Certificate – confirms zoning and planning restrictions
- Section 603 Council Certificate – confirms outstanding council rates
- Section 22A Water Certificate – confirms outstanding water rates
- Land Tax Certificate – confirms any outstanding land tax
- PEXA electronic settlement fee – platform fee for electronic settlement
- Strata records search – for strata or community title properties
For a NSW house sale, disbursements typically include:
- Law Society Contract for Sale preparation
- Title search, confirms ownership and registered interests
- Easements, covenants and restrictions documents
- Deposited Plan
- Section 88B Certificate
- Section 10.7(2) Planning Certificate, confirms zoning and planning restrictions
- Drainage Diagrams
- Land Tax Certificate
- ATO Clearance Certificate
For a NSW strata property sale, additional disbursements include:
- Common Property Title Search
- By-Laws
- Any easements, covenants and restrictions affecting the common property
For a NSW purchase, disbursements typically include:
- Council Rates Search, Section 603
- Local Water Authority Water Rates Search
- Contaminated Land Search
- Transport NSW Search
- Railroads NSW Search, depending on the location of the property
- Strata inspection report, if applicable, highly recommended prior to the cooling off period. If there is an issue with the building, insurance may not cover the purchaser if the report was not obtained beforehand
- Council Property Information Search relating to approvals, if requested
Government fees payable on all NSW transactions include:
- Stamp duty: payable by the purchaser on all purchases
- PEXA fees: electronic settlement platform fees
- Discharge of Mortgage fees: payable on sale where a mortgage exists
- Registration of Transfer fee: payable on purchase
Disbursement costs are set by third parties and can change. Milana Law will provide a current disbursement estimate as part of your initial quote so you have a complete picture of the total cost from the outset.
Does the Type of Property Affect the Conveyancing Cost?
Yes, property type is one of the key factors that affects the total conveyancing cost in both QLD and NSW.
Standard residential house, freehold title
The most straightforward transaction type. Disbursements are standard, title search, council certificate, water certificate, planning certificate (NSW) or local government search (QLD), and PEXA fee.
Strata or unit title property
Requires additional searches, a strata records search in NSW or a body corporate search in QLD, which adds to the disbursement cost. The professional fee may also be slightly higher to account for the additional review of strata or body corporate records, special levies and any issues in the building’s history.
Rural or agricultural property
Rural property transactions are typically more complex, particularly in NSW where the Contract for Sale must address rural-specific matters and may require special conditions relating to water licences, existing leases, environmental matters or primary production use. Professional fees for rural matters reflect this additional complexity.
Commercial property
Commercial conveyancing is priced individually based on the complexity of the transaction, any existing tenancy arrangements, GST implications, due diligence requirements and the value of the property. Commercial matters are not quoted at standard residential rates, contact Milana Law to discuss your specific commercial matter.
Off the plan purchase
Purchasing off the plan involves contract review at the time of signing, which may be years before settlement, plus management of the matter through to completion. Professional fees account for the extended duration and complexity of off the plan transactions.
What Is the Difference Between Fixed Fee and Hourly Rate Conveyancing?
Conveyancing in Australia is offered on two main pricing models, fixed fee and hourly rate.
Fixed fee conveyancing means the professional fee is agreed upfront and does not change based on the time spent on the matter, subject to the transaction remaining within the scope of a standard transaction. Fixed fee conveyancing gives buyers (purchasers) and sellers (vendors) certainty about the professional fee component of their total cost from day one.
Hourly rate conveyancing means the professional fee is calculated based on the time spent by the conveyancer or solicitor on the matter. Hourly rate matters can result in higher fees for transactions that take more time than expected, which can be difficult to predict at the outset.
Milana Law offers fixed fee conveyancing for standard residential transactions in both QLD and NSW, ensuring clients know their professional fee from the first conversation, with no surprises at settlement.
What Additional Costs Should Buyers and Sellers Budget For?
In addition to conveyancing professional fees and disbursements, buyers (purchasers) and sellers (vendors) should be aware of the following additional costs:
Transfer duty (stamp duty) – buyer’s (purchaser’s) cost
Transfer duty is a state government tax paid by the buyer (purchaser) on all property purchases in both QLD and NSW. It is calculated on the purchase price or market value of the property and is one of the most significant upfront costs of purchasing property. It is separate from conveyancing fees and is paid directly to the state revenue authority as part of the settlement process. Contact your conveyancer to understand the transfer duty applicable to your specific transaction.
Building and pest inspection – buyer’s (purchaser’s) cost
A building and pest inspection is an independent assessment of the physical condition of the property, typically conducted before exchange. This is arranged and paid for directly by the buyers, it is not part of the conveyancing fee.
Strata report, buyer’s (purchaser’s) cost, strata properties only
For strata or community title properties, a strata report provides a detailed review of the owners corporation or body corporate records. This is a separate cost from the conveyancing fee and is typically arranged directly with a strata search provider.
Agent’s commission, seller’s (vendor’s) cost
Real estate agent commission is a separate cost for sellers (vendors) and is not included in conveyancing fees.
Lender fees, buyer’s (purchaser’s) cost
Mortgage establishment fees, valuation fees and lender’s mortgage insurance (if applicable) are charged by the lender and are entirely separate from conveyancing costs.
How Do Conveyancing Costs Compare Between QLD and NSW?
While the total all-inclusive cost of conveyancing is broadly comparable between QLD and NSW for a standard residential transaction, there are some structural differences worth understanding:
NSW-specific considerations:
In NSW, the vendor (seller) is responsible for preparing the Contract for Sale before the property is marketed, which means the vendor incurs conveyancing costs earlier in the process, before a buyer is found. The range of mandatory searches in NSW is also broader, which can affect the total disbursement figure.
QLD-specific considerations:
In QLD, the standard REIQ contract is used for most residential transactions and includes built-in finance and building and pest clauses. The conveyancer advises on these conditions at the outset of the matter, and the search requirements, while comprehensive, differ from the NSW structure.
The key takeaway:
Whether you are buying or selling in QLD or NSW, the best way to understand the total cost of your specific transaction is to get a fixed fee quote from Milana Law based on your property type, location and circumstances. We will give you a complete, all-inclusive figure, professional fee, disbursement estimate and GST position, clearly explained in plain English.
When Are Conveyancing Fees Payable?
Conveyancing fees, both professional fees and disbursements, are typically payable at settlement in both QLD and NSW, unless the conveyancer’s agreement provides otherwise. This means the buyer (purchaser) or seller (vendor) does not generally need to pay the full conveyancing cost upfront, it is deducted from or coordinated through the settlement funds at the time of settlement.
Some conveyancers require a deposit or retainer at the commencement of the matter, which is then credited against the final invoice at settlement. Milana Law will confirm the payment terms clearly at the outset of every matter.
How Do Conveyancing Quotes Work, What Should I Look For?
When comparing conveyancing quotes in QLD or NSW, here is what to check:
✅ Is the professional fee fixed, or can it increase based on time spent?
✅ Are disbursements included in the quote or estimated separately?
✅ Is GST included in the quoted amounts or added on top?
✅ What happens to the fee if the transaction does not proceed to settlement?
✅ Who will be handling your matter, a named, experienced conveyancer or a team you have never spoken to?
✅ Is after hours availability included if something urgent comes up?
A low headline fee that excludes disbursements, GST or charges for every phone call and email can end up costing more than a higher fixed fee that includes everything. Always ask for a complete, all-inclusive quote before making a decision.
Frequently Asked Questions About Conveyancing Costs
Q: Is conveyancing cheaper if I use an online conveyancer?
Online conveyancers can offer competitive pricing because they do not carry the overhead of a physical office. Milana Law operates fully online, which means clients benefit from the efficiency of a digital practice without sacrificing the experience and direct access that matters most. You deal directly with Kylie throughout your matter, not a call centre or a rotating team.
Q: Can I negotiate conveyancing fees?
Professional fees are set by the conveyancer and reflect the work involved. Disbursements are set by third parties, councils, land registries, PEXA, and cannot be negotiated. Choosing a fixed fee conveyancer upfront is the most effective way to ensure certainty about the professional fee component of your transaction.
Q: Why do conveyancing costs vary so much between quotes?
A conveyancing quote from one firm might include everything, while another might show a low headline rate and then add charges for every individual search, phone call or email. When comparing quotes, always confirm whether the quote is fixed or variable, what disbursements are included or excluded, and whether GST is included in the quoted amounts.
Q: Does conveyancing cost more for expensive properties?
Professional fees do not always increase proportionally with the property price, particularly for fixed fee conveyancers. However, more expensive properties sometimes involve more complex transactions, larger rural properties, commercial assets, complex strata matters, which may attract higher professional fees based on the complexity of the work rather than the price alone.
Q: What happens if my transaction falls through, do I still pay conveyancing fees?
If a transaction does not proceed to settlement, you may still be liable for some or all of the professional fee depending on how far the matter progressed, as well as any disbursements that were incurred, such as searches that were ordered and cannot be reversed. Milana Law will be clear about the fee position in the event of a failed transaction at the outset of your matter.
Q: Is GST charged on conveyancing fees?
Yes, professional conveyancing fees in both QLD and NSW attract GST. Disbursements may or may not attract GST depending on the specific search or service involved. Milana Law will clearly set out the GST position in your quote so there are no surprises.
Q: How do I get an accurate conveyancing quote?
Contact Milana Law directly with the basic details of your transaction, whether you are buying or selling, the state, the property type and your estimated timeline. We will provide a fixed fee quote covering the professional fee for your specific transaction, together with a current disbursement estimate. No obligation, plain English, no surprises.
About Milana Law: Fixed Fee Conveyancing in QLD and NSW
Milana Law provides fixed fee conveyancing services for buyers (purchasers) and sellers (vendors) across Queensland and New South Wales. NSW conveyancing is led by Kylie a licensed conveyancer with over 20 years of experience across residential, rural, commercial and lease transactions, available after hours and fully online.
Whether you are a first home buyer, a seller downsizing, an investor adding to a portfolio or a farming family navigating a rural transfer, Milana Law provides experienced, accessible, plain English conveyancing at a fixed price with no surprises.
QLD: 07 3522 1422 | NSW: 02 8360 8999 | info@milanalaw.com.au | milanalaw.com.au