Real estate law covers dealings in land and property, and conveyancing is the legal process of transferring ownership. In New South Wales this involves the Conveyancing Act 1919, the Real Property Act 1900 (Torrens title), the Duties Act 1997 for stamp duty, and the Strata Schemes Management Act 2015. Work includes reviewing and negotiating contracts for sale, searches and certificates, exchange and settlement, mortgages, off-the-plan purchases, leases, and disputes between buyers, sellers, landlords, tenants and neighbours.
How a purchase generally proceeds
A contract for sale of residential land must attach prescribed documents, including a title search, planning certificate under section 10.7 of the Environmental Planning and Assessment Act 1979 and, for strata, relevant strata information. After exchange, a cooling-off period often applies unless it has been waived or a certificate has been issued. Settlement is conducted electronically through the national e-conveyancing system, and Revenue NSW assesses duty.
Who may provide conveyancing
Conveyancing can be carried out by solicitors or by licensed conveyancers, who are licensed under the Conveyancers Licensing Act 2003 and checked through NSW Fair Trading. Solicitors must hold a current practising certificate, confirmed on the Law Society of NSW register. Barristers, listed by the NSW Bar Association, are briefed for contested matters.
Where disputes are heard
Strata, tenancy and many small property disputes are heard in NCAT. Contract disputes, such as a failure to settle, are heard in the Supreme Court of New South Wales or the District Court, depending on the amount. Planning and development consent matters belong to the Land and Environment Court of New South Wales.
Legal aid and free help
Legal Aid NSW does not usually fund property purchases or sales, though its civil law services may assist with housing, mortgage hardship and eviction. Tenants Advice and Advocacy Services and the Tenants' Union of NSW give free help to renters, and community legal centres assist some homeowners facing mortgage stress.
What to bring
- The contract of sale, or the agent's draft
- Identification and details of all buyers or sellers
- Finance approval documents and the lender's name
- Strata records or a lease, if relevant
Practitioners below work across the Sydney CBD, Parramatta and Western Sydney, the North Shore, the Eastern Suburbs, the Inner West, the South West, Sutherland, the Hills District and the Northern Beaches, where local knowledge of councils and strata schemes varies.
The listings below are alphabetical and are not ranked.
Common questions
What is a cooling-off period?
In New South Wales, a purchaser of residential property under a contract generally has a cooling-off period of five business days after the contract is exchanged, unless it is waived through a certificate from a solicitor, or the property is sold at auction. A purchaser who rescinds in that period forfeits a small percentage of the price.
What is a section 10.7 planning certificate?
It is a certificate issued by the local council under the Environmental Planning and Assessment Act 1979 listing planning controls, zoning and certain restrictions affecting a property, such as flood or bushfire constraints. It must be attached to a contract for sale of land in New South Wales and is reviewed as part of the conveyancing process.
What happens if a buyer cannot settle on time?
The contract usually provides for a notice to complete, giving the other party a period, often 14 days, to settle. If the party still fails to settle, the other side may be able to terminate and claim a deposit or damages. These matters are fact-dependent and sometimes end up in court.
Real Estate & Conveyancing lawyers by suburb
Eastern Suburbs
Bellevue Hill, Ben Buckler, Bondi, Bondi Beach, Bondi Junction, Bondi Junction Plaza, Bronte, Centennial Park, Charing Cross, Chifley, Clovelly, Clovelly West, Coogee, Daceyville, Darling Point, Diamond Bay, Double Bay, Dover Heights, Eastgardens, Edgecliff, Hillsdale, Hmas Rushcutters, Hmas Watson, Kensington, Kingsford, La Perouse, Little Bay, Malabar, Maroubra, Maroubra South, Matraville, Moore Park, North Bondi, Paddington, Pagewood, Phillip Bay, Point Piper, Port Botany, Queens Park, Randwick, Rose Bay, Rose Bay North, South Coogee, St Pauls, Tamarama, Vaucluse, Watsons Bay, Waverley, Woollahra
Hills District
Bobbin Head, North Turramurra, Pennant Hills, South Turramurra, Thornleigh, Turramurra, Warrawee, West Pennant Hills, Westleigh
Inner West
Abbotsford, Annandale, Ashbury, Ashfield, Balmain, Balmain East, Belfield, Birchgrove, Breakfast Point, Burwood, Burwood Heights, Burwood North, Cabarita, Campsie, Canada Bay, Canterbury, Chiswick, Clemton Park, Concord, Concord West, Croydon, Croydon Park, Drummoyne, Dulwich Hill, Earlwood, Enfield, Enfield South, Five Dock, Haberfield, Hurlstone Park, Leichhardt, Lewisham, Liberty Grove, Lilyfield, Marrickville, Marrickville Metro, Marrickville South, Mascot, Mortlake, North Strathfield, Petersham, Petersham North, Rhodes, Rodd Point, Rozelle, Russell Lea, Stanmore, Strathfield, Strathfield South, Summer Hill, Sydney Domestic Airport, Sydney International Airport, Undercliffe, Wareemba, Westgate
North Shore
Artarmon, Blenheim Road, Boronia Park, Cammeray, Carlingford, Carlingford Court, Carlingford North, Castle Cove, Castlecrag, Chatswood, Chatswood West, Cremorne, Cremorne Junction, Cremorne Point, Crows Nest, Denistone East, East Killara, East Lindfield, East Ryde, Epping, Gladesville, Gordon, Gore Hill, Greenwich, Henley, Hmas Platypus, Hmas Waterhen, Hunters Hill, Hunters Hill West, Huntleys Cove, Huntleys Point, Killara, Kingsdene, Kirribilli, Kurraba Point, Lane Cove, Lane Cove North, Lane Cove West, Lavender Bay, Lindfield, Lindfield West, Linley Point, Longueville, Macquarie Centre, Macquarie Park, McMahons Point, Middle Cove, Milsons Point, Monash Park, Mosman, Naremburn, Neutral Bay, Neutral Bay Junction, Normanhurst, North Epping, North Ryde, North St Ives, North Sydney, North Sydney Shoppingworld, North Willoughby, Northbridge, Northwood, Osborne Park, Putney, Pymble, Riverview, Roseville, Roseville Chase, Royal North Shore Hospital, Ryde, Spit Junction, St Ives, St Ives Chase, St Leonards, Tennyson Point, Wahroonga, Waverton, West Pymble, Willoughby, Willoughby East, Willoughby North, Wollstonecraft, Woolwich
Northern Beaches
Allambie, Allambie Heights, Balgowlah, Balgowlah Heights, Beacon Hill, Belrose, Belrose West, Brookvale, Clontarf, Collaroy, Collaroy Beach, Collaroy Plateau, Collaroy Plateau West, Cromer, Cromer Heights, Curl Curl, Davidson, Dee Why, Dee Why Beach, Elanora Heights, Fairlight, Forestville, Frenchs Forest, Frenchs Forest East, Freshwater, Harbord, Ingleside, Killarney Heights, Long Reef, Manly, Manly East, Manly Vale, Narrabeen, Narrabeen Peninsula, Narraweena, North Balgowlah, North Curl Curl, North Manly, North Narrabeen, Oxford Falls, Queenscliff, Seaforth, Warriewood, Warriewood Shopping Square, Warringah Mall, Wheeler Heights, Wingala
South West Sydney
Allawah, Arncliffe, Banksia, Bardwell Park, Bardwell Valley, Belmore, Beverley Park, Beverly Hills, Bexley, Bexley North, Bexley South, Brighton-Le-Sands, Carlton, Hurstville, Hurstville Grove, Kingsgrove, Kingsway West, Kogarah, Kogarah Bay, Kyeemagh, Lakemba, Lugarno, Monterey, Mortdale, Narwee, Oatley, Peakhurst, Peakhurst Heights, Penshurst, Punchbowl, Ramsgate, Ramsgate Beach, Riverwood, Rockdale, Roselands, Turrella, Wiley Park, Wolli Creek
Sydney CBD and Inner South
Alexandria, Banksmeadow, Barangaroo, Beaconsfield, Botany, Broadway, Camperdown, Chippendale, Darling Harbour, Darling Island, Darlinghurst, Darlington, Dawes Point, Eastlakes, Elizabeth Bay, Enmore, Erskineville, Eveleigh, Forest Lodge, Glebe, Golden Grove, Haymarket, Hmas Kuttabul, Kings Cross, Millers Point, Missenden Road, Newtown, Parliament House, Potts Point, Pyrmont, Redfern, Rosebery, Rushcutters Bay, St Peters, Surry Hills, Sydenham, Sydney, Sydney South, Taylor Square, Tempe, The Rocks, The University Of Sydney, Ultimo, Waterloo, Woolloomooloo, Zetland
Western Sydney
Homebush Bay, Newington, North Parramatta, North Rocks