In short: Conveyancing is the legal work that moves ownership of a property from vendor to purchaser. In Victoria it is done by a licensed conveyancer under the Conveyancers Act 2006 (Vic) or a solicitor, almost entirely electronically through PEXA. It covers reviewing the contract and Section 32, running searches, preparing the transfer of land, arranging duty and the lender's mortgage, settling, and lodging the transfer for registration under the Transfer of Land Act 1958 (Vic).
Your conveyancer and your mortgage broker are the two professionals who take a purchase from contract to keys, and they need to work together. This page explains what the conveyancer does, how the Torrens system makes you the owner, and where the loan fits in.
What the law says
Torrens title
Victoria uses the Torrens system of title by registration under the Transfer of Land Act 1958 (Vic). The register kept by Land Use Victoria is conclusive: the person recorded as registered proprietor owns the land, and a registered mortgage or easement binds the land. Subject to limited exceptions such as fraud, a registered owner's title is indefeasible. That is why registration, not signing the contract, is the moment you legally own the property, and why lenders insist on registering their mortgage.
Who can do conveyancing
The Conveyancers Act 2006 (Vic) creates a licensing scheme for conveyancers, regulated by Consumer Affairs Victoria (consumer.vic.gov.au). Licensed conveyancers can do most residential conveyancing work, must hold professional indemnity insurance and comply with conduct rules. Solicitors can also act, and are the better choice where a dispute, a complex structure or litigation is likely.
Electronic conveyancing
The Electronic Conveyancing National Law (Victoria) and Land Use Victoria's requirements make electronic lodgement mandatory for most transfers, mortgages and discharges. In practice that means PEXA, where conveyancers and lenders sign and lodge documents and move funds in a shared workspace. Two legal steps make this possible: verification of identity (VOI), where your conveyancer confirms who you are against original documents, and a client authorisation, where you authorise them to sign the electronic documents on your behalf.
Duty and registration
Land transfer duty under the Duties Act 2000 (Vic) is assessed through the SRO's Duties Online and paid at settlement. Registration fees are payable to Land Use Victoria on lodgement. Both are handled through PEXA.
The conveyancing process, step by step
| Stage | What the conveyancer does | Your involvement |
|---|---|---|
| 1. Pre-contract | Reviews the contract and Section 32; advises on special conditions, easements, covenants, overlays, owners corporation | Provide the documents; decide on conditions |
| 2. Signing | Negotiates amendments; arranges execution; explains cooling-off | Sign; pay deposit |
| 3. Post-signing | Lodges a purchaser's caveat if appropriate; diarises finance and settlement dates; opens PEXA workspace | Lodge loan application with your broker |
| 4. Searches | Orders title, plan, planning, rates, water, land tax clearance, owners corporation and other certificates | Nothing, unless a search raises an issue |
| 5. Identity | Completes VOI and client authorisation | Attend with ID documents |
| 6. Transfer and duty | Prepares the transfer of land; completes duty forms and any concession declarations; calculates adjustments | Confirm concession eligibility |
| 7. Lender liaison | Provides contract and details to the lender; confirms the lender's readiness in PEXA | Sign loan documents; return promptly |
| 8. Settlement | Settles in PEXA; pays duty and fees; directs funds; confirms with the agent for keys | Provide funds; do final inspection |
| 9. Registration | Transfer and mortgage lodged and registered; notifies council, water authority and SRO | Receive confirmation |
The whole sequence typically runs 30 to 90 days, matching the settlement period in the contract. Our guide to the home buying process shows where each stage sits.
Worked example
You sign a contract for a $580,000 house in Wollert with a 45-day settlement. Your conveyancer's review notes a sewerage easement and a Development Plan Overlay, neither a problem. She lodges a purchaser's caveat, opens the PEXA workspace, and orders searches. Your broker lodges the loan application the same day.
On day 12, the land tax clearance certificate shows the vendor owes land tax; because the property was an investment for the vendor, your conveyancer ensures it is paid from the vendor's proceeds at settlement and, under the 2024 rules, isn't adjusted against you. On day 20 your loan is formally approved and you sign the mortgage documents. On day 30 you attend the VOI appointment. On day 40 you complete the final inspection, transfer your funds, and on day 45 settlement completes in PEXA. The transfer and mortgage are registered within days, and you are the registered proprietor.
As a first home buyer, your duty on $580,000 was nil, which your conveyancer claimed through Duties Online with your declaration.
What it means for your home loan
- Two timelines, one deadline. The lender's approval, document and funding timeline has to fit inside the conveyancing timeline. Introduce your broker and conveyancer to each other early.
- Names on title and on loan. Lenders generally require all registered proprietors to be borrowers or to sign the mortgage. Decide the ownership structure before the transfer is prepared; see joint tenants vs tenants in common.
- Nominations. If you signed "and/or nominee" and want to nominate a spouse or entity, the loan application must match, and duty implications need checking.
- Title problems delay lenders. A caveat, an unregistered dealing or a discrepancy in the plan can stall the lender's readiness. Our page on caveats explains the most common one.
- Funds to complete. Your conveyancer's settlement statement tells you the cash you need above the loan. Plan it with our upfront costs calculator.
- Refinancing is conveyancing too. A refinance involves a discharge of the old mortgage and registration of the new one in PEXA, usually handled by the lenders' panel solicitors rather than your own conveyancer.
GNT Finance keeps your conveyancer informed at every stage of the loan, from approval to certification of funds, so settlement isn't waiting on the bank. Our home-loan service is at no cost to you in most cases.
What conveyancing costs
Conveyancing fees in Melbourne are a professional fee plus disbursements (searches, certificates, PEXA fees and Land Use Victoria registration fees). All in, most straightforward residential purchases come to a low four-figure sum, with the professional fee varying by firm and the disbursements set by the authorities. Off-the-plan, owners corporation and vendor-side conveyancing can cost more. Get a written quote that separates fees from disbursements.
Common mistakes
- Engaging a conveyancer after signing. Contract review is the most valuable part of the job, and it needs to happen before you sign or at least within cooling-off.
- Choosing on price alone. A cheap fee with slow responses costs more in penalty interest if settlement is delayed.
- Returning loan documents late. The lender can't certify funds until they are back.
- Not attending VOI promptly. Settlement can't proceed without it.
- Assuming the conveyancer checks the building. They check the title and the paperwork, not the roof. Book a building and pest inspection.
Frequently asked questions
What is the difference between a conveyancer and a solicitor?
A licensed conveyancer is qualified and regulated under the Conveyancers Act 2006 (Vic) to do property transfer work, and handles most residential purchases and sales. A solicitor is a qualified lawyer who can do the same work and also advise on disputes, complex structures, litigation and broader legal issues. For a standard purchase either is fine; for anything contentious, use a solicitor.
How long does conveyancing take in Victoria?
It runs for the length of the settlement period in the contract, commonly 30 to 90 days. The conveyancer's work starts before you sign, with the contract review, and finishes after settlement with registration and notifications. Off-the-plan purchases take as long as the development, with the active conveyancing work concentrated in the weeks before settlement.
What is a transfer of land?
It is the document that transfers ownership from vendor to purchaser and is lodged for registration at Land Use Victoria under the Transfer of Land Act 1958 (Vic). In electronic conveyancing it is prepared and signed by the conveyancers in PEXA under their clients' authorisations. Once registered, the purchaser becomes the registered proprietor and their title is protected by the Torrens system.
What is PEXA and do I have to use it?
PEXA is the electronic lodgement network through which conveyancers and lenders in Victoria complete settlements, lodge transfers and mortgages, and move funds. Electronic conveyancing is mandatory for most transactions, so in practice yes. You don't use it personally; your conveyancer acts under your client authorisation after verifying your identity.
When do I legally own the property?
When the transfer of land is registered at Land Use Victoria, which usually happens within days of settlement. Between signing the contract and registration you have an equitable interest, which a purchaser's caveat can protect. The keys are handed over at settlement, and you have the right to occupy from then, but legal ownership under the Torrens system comes with registration.
Talk to GNT Finance
Your conveyancer handles the title and your broker handles the money, and the purchase goes smoothly when both are in step. GNT Finance manages the loan side to your conveyancer's timetable so settlement happens when the contract says it will. Book a free consultation or call 0426 403 703.
This page is general information only and not legal, tax or financial advice. Laws change — confirm current rules with the State Revenue Office, the ATO or a licensed professional.
Written by Gorakh Timilsina
Founder, CEO & Senior Mortgage Consultant at GNT Finance. Gorakh started as a broker assistant, spent years as a senior credit officer assessing loan applications, and now helps Melbourne families get the right loan approved. English, Nepali and Hindi spoken.