Process guide · 8 states + territories · 7 steps

The Australian conveyancing process, state by state

Conveyancing rules in Australia are state law, not federal. Settlement periods, cooling-off rights, mandatory vendor disclosures and licence type all change at the border. This is the complete state-by-state reference, with the seven steps that apply everywhere from contract review to post-settlement registration.

The Finance Desk · Editorial team, accountants + mortgage brokers + financial planners + conveyancers · Updated 17 May 2026 · How we rank · Editorial standards

★Key takeaways

  • ✓Standard settlement periods vary by state: NSW 42 days, VIC 30 to 60, QLD 30 to 45, WA 35 to 60, SA 30 to 60, ACT 30 to 60, TAS / NT 30 to 60. Cash buyers settle faster (14 to 21 days).
  • ✓Cooling-off periods: NSW 5 business days, VIC 3 days, QLD 5 days, SA 2 days, ACT 5 days. Waived on auction in every state. WA, TAS and NT have no cooling off at all.
  • ✓Licence types differ: NSW Conveyancer, VIC Licensed Conveyancer, QLD Solicitor only, WA Settlement Agent, SA Registered Conveyancer. All must be verified on the relevant state regulator register before engaging.
  • ✓Vendor disclosure documents are state-specific: Section 32 (VIC), Form 1 (SA), Form 2 Seller Disclosure (QLD from August 2025), s52A contract (NSW), EER + building report (ACT). Defective disclosure gives the buyer rescission rights.
  • ✓Settlement is now overwhelmingly electronic via PEXA (99%+ of residential transactions in NSW + VIC, growing share in QLD + WA + SA). Same-day funds and 1 to 2-hour settlement window.

Seven steps, every state

The standard residential conveyancing timeline

These steps run sequentially in every Australian state. The state-specific rules in the next section sit on top of this skeleton.

1

Contract review (before signing)

Your conveyancer reviews the contract before you sign or before the cooling-off period ends, flagging any unusual clauses, special conditions, deposit terms and settlement date.

Why it matters: This is the single highest-value moment in conveyancing. A clause flagged here saves five-figure problems at settlement. Off-the-plan, easements, encumbrances and short-cooling-off contracts especially.

2

Cooling-off period

The legally protected window where the buyer can rescind (usually for forfeiture of 0.25% of the price). Varies by state: NSW 5 days, VIC 3 days, QLD 5 days, SA 2 days, ACT 5 days. None in WA, TAS, NT.

Why it matters: The buyer can pull out for any reason during cooling off. Waiving cooling off (s66W certificate in NSW, contract on auction day, deliberate buyer waiver) is binding immediately.

3

Title and pre-settlement searches

Title search, council certificates (s603, s10.7, s149 depending on state), water authority certificates, land tax clearance, planning enquiries, road and drainage diagrams.

Why it matters: Confirms the seller is the legal owner, there are no undisclosed easements, the rates and water are paid up, and there are no outstanding orders or charges that you would inherit.

4

Finance approval and mortgage documents

Your lender finalises unconditional approval, mortgage documents are signed and witnessed, and the bank engages with your conveyancer for settlement coordination.

Why it matters: If finance falls through during cooling off (in states with cooling off), you can usually withdraw. After cooling off, failure to settle can mean losing the 10% deposit and being sued for damages.

5

Settlement statement and adjustments

The conveyancer prepares the settlement statement showing the balance due, with adjustments for council rates, water, land tax and strata levies paid by the seller beyond settlement date.

Why it matters: Adjustments can add or subtract $1,000 to $5,000 at settlement. Errors here are the most common conveyancing complaint.

6

PEXA electronic settlement

On settlement day, both conveyancers, both banks and any incoming and outgoing mortgagee log into the PEXA workspace. Funds are transferred, mortgage discharged and registered, title transferred, all electronically.

Why it matters: Replaces the old physical settlement room with bank cheques. PEXA settles in 1 to 2 hours, with funds available same day (T+0). NSW and VIC have been mandatory since 2018; other states transitioning.

7

Post-settlement: registration and notification

Title transfer registered with the state Land Registry, stamp duty paid, council and water authorities notified, building insurance arranged, keys handed over.

Why it matters: Until title is registered (usually 1 to 5 business days post-settlement), you are not on the public record as owner. The bank usually holds the registered title as security if there is a mortgage.

State-by-state reference

Conveyancing rules by jurisdiction

Each state legislates its own conveyancing regime. Settlement period, cooling off, licence category and vendor disclosure obligations all change. Pick the row that applies to your property, not your home address.

NSW

New South Wales

Standard settlement
42 days (six weeks) is the long-running market norm; 30 to 90 days negotiable.
Cooling-off period
5 business days for residential, waived on auction or by signed s66W certificate.
Who can act
NSW Conveyancer (Licensed Conveyancer) or solicitor.
Regulator
NSW Fair Trading
Legislation
Conveyancing Act 1919 (NSW); Conveyancers Licensing Act 2003 (NSW).
Vendor disclosure
Contract for Sale of Land with prescribed disclosures (s52A Conveyancing Act) including title, drainage diagram, zoning (s10.7 planning certificate), home building warranty insurance where applicable.
Practical note
Cooling off applies only to private treaty residential. Sales by auction (or contracts signed on auction day) have no cooling off. 0.25% deposit forfeited on cooling-off withdrawal.
VIC

Victoria

Standard settlement
30 to 60 days standard; 90 days common for larger transactions.
Cooling-off period
3 business days from contract signing for private sale; no cooling off if sold at or within 3 clear business days before or after a publicly advertised auction.
Who can act
VIC Licensed Conveyancer or Australian legal practitioner.
Legislation
Sale of Land Act 1962 (VIC); Conveyancers Act 2006 (VIC).
Vendor disclosure
Section 32 Vendor Statement (also known as the s32) under s32 Sale of Land Act, plus the Contract of Sale. Section 32 must disclose title, mortgage, outgoings, planning, building permits in past 7 years, owners corporation details and any notices.
Practical note
Defective Section 32 (material omission) lets the buyer rescind any time before settlement. Foreign Investment Review Board (FIRB) approval required for non-resident buyers.
QLD

Queensland

Standard settlement
30 to 45 days standard; 30 days the most common contract default.
Cooling-off period
5 business days from receipt of contract for residential. Cooling-off period waived on auction.
Who can act
Australian legal practitioner (solicitor) only. Queensland is the only state where conveyancing must be performed by a solicitor; there is no "conveyancer" licence category.
Legislation
Property Law Act 1974 (QLD); Land Title Act 1994 (QLD); Property Occupations Act 2014 (QLD).
Vendor disclosure
Form 2 Seller Disclosure Statement (mandatory from 1 August 2025 under the Property Law Act 2023 (QLD)). Replaces older patchwork disclosures. Must include title, encumbrances, body corporate, transferable rates, building approvals.
Practical note
Cooling-off withdrawal forfeits 0.25% of the contract price. The Form 2 reform brought QLD into line with other states on upfront disclosure.
WA

Western Australia

Standard settlement
35 to 60 days standard; 30 days achievable for cash buyers.
Cooling-off period
No statutory cooling-off period. Western Australia is the only state without one. Contracts are binding from acceptance.
Who can act
WA Settlement Agent (licensed) or Australian legal practitioner.
Legislation
Settlement Agents Act 1981 (WA); Transfer of Land Act 1893 (WA).
Vendor disclosure
Joint Form of General Conditions for the Sale of Land (REIWA / Law Society contract). Vendor disclosure obligations are narrower than other states; buyers must conduct their own pre-purchase enquiries.
Practical note
Because there is no cooling off, buyers should engage a Settlement Agent before signing. Subject-to-finance and subject-to-inspection clauses are the practical safety net used in place of cooling off.
SA

South Australia

Standard settlement
30 to 60 days standard.
Cooling-off period
2 clear business days from receipt of Form 1 disclosure. Waived on auction.
Who can act
SA Registered Conveyancer or Australian legal practitioner.
Legislation
Land and Business (Sale and Conveyancing) Act 1994 (SA); Conveyancers Act 1994 (SA).
Vendor disclosure
Form 1 Statement (Vendor Statement) under s7 Land and Business (Sale and Conveyancing) Act. Must disclose title particulars, mortgages, outgoings, planning, encumbrances, statutory charges.
Practical note
Cooling-off period only starts when Form 1 is served; defective Form 1 leaves the buyer with rescission rights at any time before settlement.
TAS

Tasmania

Standard settlement
30 to 60 days standard.
Cooling-off period
No statutory cooling-off period for residential property. Contract is binding from acceptance.
Who can act
TAS Conveyancer (licensed) or Australian legal practitioner.
Legislation
Conveyancing and Law of Property Act 1884 (TAS); Property Agents and Land Transactions Act 2016 (TAS).
Vendor disclosure
Standard Contract for Sale of Real Estate (REIT) with prescribed disclosures: title, encumbrances, council rates, planning information.
Practical note
Like WA, the practical safety net is subject-to clauses (finance, inspection). Engage a conveyancer before signing.
ACT

Australian Capital Territory

Standard settlement
30 to 60 days standard.
Cooling-off period
5 business days for residential private treaty. Waived on auction or when the buyer signs a s17 waiver.
Who can act
ACT Conveyancer (registered) or Australian legal practitioner. Conveyancing performed under the Civil Law (Sale of Residential Property) Act 2003 framework.
Regulator
Access Canberra
Legislation
Civil Law (Sale of Residential Property) Act 2003 (ACT); Conveyancers Act 2006 (ACT).
Vendor disclosure
Mandatory pre-contract disclosure package: Crown lease, building and compliance reports, energy efficiency rating (EER), unit title certificate (if applicable), pest inspection report. The ACT has the most extensive seller pre-contract disclosure regime in the country.
Practical note
EER is unique to the ACT. The mandatory pest + building reports cap buyer risk significantly but add upfront cost to vendors.
NT

Northern Territory

Standard settlement
30 to 60 days standard.
Cooling-off period
No statutory cooling-off period.
Who can act
NT Conveyancing Agent (licensed) or Australian legal practitioner.
Legislation
Law of Property Act 2000 (NT); Agents Licensing Act 1979 (NT).
Vendor disclosure
Standard NT REINT contract; vendor disclosure obligations narrower than NSW / VIC / SA. Buyer pre-purchase enquiries critical.
Practical note
Lowest transaction volumes in Australia; many NT settlements are handled by interstate conveyancers via PEXA. Pastoral, Crown and Aboriginal land complications more common than other states.

Quick comparison

Settlement and cooling-off at a glance

State Standard settlement Cooling off Who can act
NSW 42 days (six weeks) is the long-running market norm 5 business days for residential, waived on auction or by signed s66W certificate. NSW Conveyancer (Licensed Conveyancer)
VIC 30 to 60 days standard 3 business days from contract signing for private sale; no cooling off if sold at or within 3 clear business days before or after a publicly advertised auction. VIC Licensed Conveyancer
QLD 30 to 45 days standard 5 business days from receipt of contract for residential. Australian legal practitioner (solicitor) only. Queensland is the only state where conveyancing must be performed by a solicitor
WA 35 to 60 days standard No statutory cooling-off period. WA Settlement Agent (licensed)
SA 30 to 60 days standard. 2 clear business days from receipt of Form 1 disclosure. SA Registered Conveyancer
TAS 30 to 60 days standard. No statutory cooling-off period for residential property. TAS Conveyancer (licensed)
ACT 30 to 60 days standard. 5 business days for residential private treaty. ACT Conveyancer (registered)
NT 30 to 60 days standard. No statutory cooling-off period. NT Conveyancing Agent (licensed)

Always verify your conveyancer or solicitor on the relevant state regulator register before signing the costs agreement. Conveyancing fees in 2026 range from $700 to $2,500 for standard residential, plus $300 to $800 in disbursements.

Common questions

Conveyancing process – common questions

What is the difference between exchange and settlement?

Exchange (or "contract signing") is when both buyer and seller sign and the contract becomes legally binding (subject to cooling off in most states). Settlement is when the balance of the purchase price is paid, title is transferred, and keys change hands. Between exchange and settlement (typically 30 to 90 days) the buyer organises finance and the conveyancer completes pre-settlement checks.

Can I shorten my settlement period?

Yes if both sides agree. Cash buyers regularly settle in 14 to 21 days. The constraint is usually the buyer's finance: bank turnaround from unconditional approval to mortgage docs typically takes 2 to 3 weeks. Short settlements are negotiated upfront when the contract is drawn.

What happens if settlement is delayed?

Most contracts have a default notice clause: the non-defaulting party can issue a notice giving the defaulter 10 to 14 business days to remedy. Penalty interest (usually 10 to 12% per annum) accrues on the unpaid balance. If the default continues, the contract can be terminated and the 10% deposit forfeited (buyer default) or sued for damages (seller default). Most delays are sorted within days; lender slowness is the most common cause.

Do I need to be present at settlement?

No. Since the rollout of PEXA electronic settlement (now covering 99%+ of residential transfers), no one physically attends. Your conveyancer attends the digital workspace on your behalf. You sign the mortgage and transfer documents in the days leading up to settlement, then your conveyancer handles the rest.

Why does Queensland require a solicitor instead of a conveyancer?

Queensland is the only state without a dedicated conveyancer licence category. Property work has historically been reserved to solicitors under the Legal Profession Act 2007 (QLD). The Queensland Law Society regulates the practice. Costs in QLD are therefore slightly higher than NSW or VIC on average ($1,200 to $2,500 typical).

What is the cooling-off period actually for?

It gives the buyer a short window to organise a final inspection, get pest and building reports back, confirm finance and pull out if something turns up. It is not a "change of mind" buffer in practice: backing out forfeits the 0.25% deposit and many buyers waive cooling off to make their offer more competitive. Auction sales have no cooling off in any state.

Why is there no cooling-off period in Western Australia, Tasmania or the Northern Territory?

It is a policy choice not made when those states modernised their conveyancing legislation. Subject-to-finance, subject-to-pest-and-building and subject-to-due-diligence clauses are the practical workaround. Buyers in WA, TAS and NT should engage a Settlement Agent / Conveyancer before signing rather than after.

Keep reading

Related guides

Electronic settlement

PEXA explained →

Who to engage

Conveyancer vs lawyer →

Apartments + new builds

Off-the-plan traps →

Reference

Conveyancing glossary →