Do You Need a Solicitor When Buying a House?

20 July 2026 * 7 minute read

Buying a house is one of the biggest financial decisions most of us will ever make, so it's important to have the right support to help guide you through the process. Many buyers ask whether they need a solicitor when purchasing a property, or whether a conveyancer is enough. 

Both types of professionals play an important role in reviewing contracts, managing settlement and any delays, and helping buyers avoid costly mistakes. However, solicitors may be able to offer broader services in more complex scenarios.

This article helps explain what solicitors and conveyancers do, how they differ, when you may need one, how much they cost, and what you should consider before engaging one.

Key take-outs

• Both solicitors and conveyancers can manage the contractual side of buying property.
• They review contracts and may help buyers avoid delays, disputes and unexpected costs.
• Which you choose may depend on the complexity of the property transaction and whether you require wider-ranging legal advice.
• Costs and requirements vary between Australian states and territories.

Questions answered

• Do I need a solicitor when buying a house?
• What's the difference between a solicitor and a conveyancer?
• What can a conveyancer or solicitor help with when buying a property?
• Who can manage my conveyancing in different parts of Australia?
• Which costs more – a solicitor or conveyancer?
• When should I engage a solicitor or a conveyancer?
• Could I do my own DIY conveyancing?

Do you need a solicitor when buying a house?

When you buy a new home, a carefully reviewed and negotiated contract could help protect you from potential issues during and after the purchase process. You can undertake this yourself but using an experienced professional could give you peace of mind and help you avoid potential issues.

The conveyancing process includes reviewing the contract of sale and officially transferring ownership of the house from the seller to the buyer on settlement day. Engaging the services of a solicitor or conveyancer will give you an additional set of eyes to check all the necessary clauses and conditions in the contract.

What’s the difference between a solicitor and a conveyancer?

Solicitors and conveyancers take care of certain legal aspects of a property transaction. They negotiate the conditions of sale on your behalf and ensure you meet all the contractual requirements for transferring the property into your name. They'll also prepare and lodge the legal documents for the property purchase and review the contract of sale. 

Solicitors have undertaken a law degree and hold a practising certificate. They generally have specialised knowledge and experience in law and if your property transaction has complexities you may want to seek the services of a property solicitor. They can also advise you on legal matters outside the property transaction that may affect you, such as the stamp duty or tax implications of the purchase and estate planning. If you choose to use a solicitor, you might select one who specialises in property or conveyancing.

If your property transaction is straightforward, you may prefer to use a licensed conveyancer. They are licensed specialists focused solely on taking care of property transfers. For a more complex transaction such as managing complicated ownership structures including trusts, a solicitor might be the way to go.

What can a conveyancer or solicitor help with when buying a property?

Conveyancers and solicitors can help with many aspects of purchasing a home, potentially helping you avoid mistakes and saving you time, stress, and money during your property hunt. They can: 

• Act as your representative throughout the sale and liaise with the vendor on your behalf.
• Source the certificate of title for your property and check there are no title ‘defects’ that may affect your use of the property.
• Oversee the contract of sale, including adding in any special conditions such as inclusions and exclusions on your behalf.
• Check the title for easements, covenants, and caveats that may affect your right to access parts of your land; affect the changes you can make to the property; or modify your ownership.
• Liaise with local council and government on your behalf.
• Recommend any pre-purchase inspections to include in the conditions of sale.
• Negotiate any changes to the contract following pre-purchase inspections or pre-settlement inspections.
• Represent you on settlement day, overseeing the money transactions for the purchase.
• Calculate and arrange payment for any unpaid rates or land tax owing on the house on your behalf.
• Prepare and lodge documents for the transfer of sale.
• Settle the property and source a new certificate of title showing your ownership.
• Help manage any potentially costly settlement delays.

Who can manage my conveyancing in different parts of Australia?

In Australia, conveyancers, solicitors, and (in Western Australia) settlement agents can support you in in the conveyancing process, except for a few states where conveyancing must be carried out by a solicitor.

In each state, conveyancing practitioners have different scopes of work they can help you with. Learn more at Australian Registrars National Electronic Conveyancing Council.

In some states you can also undertake conveyancing yourself, which we'll cover later.

 A settlement agent, conveyancer or solicitor can undertake conveyancing in:

• New South Wales
• Northern Territory
• South Australia
• Victoria
• Western Australia.

A conveyancer or solicitor must be used for property transactions in:

• Tasmania

A solicitor must be used for property transactions in:

• Australian Capital Territory
• Queensland.

In summary, in most Australian states, both licensed conveyancers and solicitors are qualified to conduct conveyancing, but in some states such as Queensland and the ACT, only solicitors can perform this function.

Which costs more – a solicitor or a conveyancer?

The cost of a professional conveyancer and solicitor can be similar if the sale process isn’t complicated.

If your purchase is complex or requires further negotiations or special conditions, the fee could be higher, and you may want to opt for a solicitor. For example, your lawyer might need to spend extra time negotiating compensation for you if a special condition hasn’t been met by the seller at the pre-settlement inspection, or there are significant delays in settlement.

Some conveyancers and property solicitors have a fixed-price structure, while others charge by the minute or hour. According to Canstar, conveyancing fees can be anywhere from $800 to $1,800 in rural areas and $1,000 to $2,200 in major cities, depending on the complexity of the purchase, the fee structure, and how much time the conveyancer spends on the transaction. 

It always pays to compare apples with apples, so make sure you ask questions about what you’re getting for their fee.

Questions to ask your conveyancer about their fees:

• What is your fee structure?
• Will you communicate additional costs to me as they are incurred?
• Can you give me a quote for your services?
• Do you have professional indemnity insurance?

Remember, just like hiring any other contractor, it can be a good idea to shop around – not only to get good value, but to find the professional with the right knowledge and experience for your situation.

Ask for recommendations from friends or family who have used property professionals in the past and check to see if they are members of professional membership bodies such as the Australian Institute of Conveyancers.

When should I engage a solicitor or conveyancer?

Each state has different rules on when to appoint a conveyancer, but it may be good idea to appoint one when you have decided on a property and are ready to sign the sale contract. 

The housing market can be competitive. If you find your dream home, the real estate agent may ask you to make your offer on a contract of sale. Typically, you'll be asked to provide the details of your solicitor or conveyancer and although this is optional, it could be an advantage to have these details ready.

If you’re looking at buying your first home, next home, or an investment property, the links below could help you.
 

• How to buy a house
  From house-hunting to signing the contract and settlement, we're with you every step of the way with our How to buy a house article.
  
  
• How much can I borrow?
  Check what home loan you could afford with our Affordability calculator.
  
  
• What will my repayments be?
  Fine tune your house purchase budget and timeline with our Home loan repayments calculator.

Could I do my own conveyancing?

In most states, it's not a legal requirement to use the services of a solicitor or conveyancer to buy a house (the exceptions being ACT, Queensland and Tasmania). Some states even offer DIY conveyancing kits – which can range in cost from approximately $80 to almost $300.

However, property law can be complex and it’s recommended that you seek professional advice to ensure you don’t make any mistakes. Buying a house could be one of the most important decisions you’ll ever make, so you might want to consider having an experienced professional on your side.

In summary

A property solicitor or conveyancer can help you with the work involved in the home buying process, from reviewing the contract of sale to the full settlement process. You do not need one, but it could be a good idea as they'll be able to help you with any contractual issues, provide advice, and assist you with your due diligence. Whether you choose a solicitor or conveyancer may depend on the complexity of the transaction.