Buying or selling property in Perth is one of the biggest financial

Transactions most people will ever make, and conveyancing is the legal process that makes it happen. A conveyancing lawyer handles the legal transfer of property ownership from seller to buyer, including contract review, title searches, stamp duty calculations, settlement coordination, and lodgement of documents with Landgate. In Western Australia, property settlements are now conducted electronically through the PEXA platform, which has made the process faster but no less complex. Getting independent legal advice before you sign a contract of sale is not an optional extra. It is the most cost-effective protection available against the risks that come with every property transaction, from undisclosed defects and zoning restrictions to contract terms that favour the other party.
There is a common misconception that conveyancing is just paperwork. That it is a process of filling in forms, lodging documents, and ticking boxes. If that were true, you could do it yourself with a template from the internet and a free afternoon.
The reality is different. Conveyancing involves interpreting legal documents, identifying risks that are not obvious from the property listing, ensuring the contract protects your interests, coordinating with banks, real estate agents, the other party’s representatives, and government agencies, and managing a settlement process where a single missed step can delay or derail the transaction. We have been handling property settlements across Western Australia for over 35 years, and the one consistent lesson is that the transactions that go wrong are almost always the ones where the buyer or seller did not get proper legal advice before signing.
If you are looking for a conveyancing lawyer perth to handle your property transaction, we can help.
This guide explains the conveyancing process in Western Australia from start to finish, what a property settlement lawyer actually does at each stage, what it costs, and the mistakes that trip up buyers and sellers who try to cut corners.
Quick Reference: The Conveyancing Process in WA
| Stage | What Happens | Who Does It | Typical Timeframe |
| Pre-contract | Property inspections, finance pre-approval, due diligence | Buyer, with lawyer’s guidance | Before signing |
| Contract review | Lawyer reviews the offer and acceptance or contract of sale | Conveyancing lawyer | 1 to 3 days |
| Contract signing | Both parties sign the contract. Cooling-off period may apply | Buyer, seller, agents | 1 to 2 days |
| Finance approval | Buyer’s lender issues formal approval | Buyer’s bank or broker | 2 to 4 weeks |
| Title and property searches | Title search, rates, water, planning, and encumbrance checks | Conveyancing lawyer | 1 to 2 weeks |
| Stamp duty and transfer preparation | Calculate duty, prepare transfer documents, liaise with lender | Conveyancing lawyer | 1 to 2 weeks |
| Pre-settlement | Final inspection, confirm settlement figures, PEXA workspace setup | Buyer, seller, lawyers, banks | 1 to 3 days before settlement |
| Settlement | Electronic settlement through PEXA. Funds transfer and title registration occur simultaneously | Conveyancing lawyers, banks | Settlement day |
| Post-settlement | Confirm registration, notify council, water corp, and strata (if applicable) | Conveyancing lawyer | 1 to 2 weeks |
Each of these stages involves legal obligations, deadlines, and potential risks. Missing a finance approval deadline can mean losing your deposit. Failing to identify a caveat on the title can delay settlement by weeks. Not understanding a special condition in the contract can leave you bound to terms you never intended to accept.
What a Property Lawyer Actually Does
The title “conveyancer” can refer to either a licensed conveyancer or a solicitor (lawyer) who practises in property law. In Western Australia, both can handle conveyancing transactions, but there is a significant difference in the scope of advice they can provide.
A licensed conveyancer is qualified to prepare and lodge the documents required for a property settlement. A solicitor who practises conveyancing can do all of that and can also provide legal advice on contract terms, negotiate amendments to the contract, advise on complex title issues, handle disputes that arise during the transaction, and represent you if the matter ends up in court.
For a broader understanding of how property transfer systems work, the Conveyancing article on Wikipedia provides useful context on the legal principles behind property transactions in common law jurisdictions.
For Buyers
When acting for a buyer, a conveyancing lawyer in Perth handles the following:
Before you sign:
- Reviewing the offer and acceptance form or contract of sale before you commit
- Explaining all terms and conditions, including any special conditions proposed by the seller
- Advising on conditions you should include to protect your position, such as finance, building and pest inspection, and due diligence conditions
- Checking whether the property is affected by any planning proposals, road widening schemes, or government acquisition notices
After you sign:
- Conducting a title search through Landgate to confirm the seller’s ownership and identify any encumbrances, easements, caveats, or restrictions on the title
- Ordering property searches including local council rates, Water Corporation, Main Roads, and planning searches
- Reviewing the strata documents if the property is a strata-titled unit or apartment, including the strata plan, by-laws, financial statements, and minutes of recent meetings
- Calculating stamp duty (transfer duty) and advising on any concessions or exemptions you may be eligible for
- Liaising with your bank or mortgage broker to ensure finance documents are prepared correctly
- Preparing the transfer of land document
- Setting up the PEXA workspace for electronic settlement
- Coordinating settlement with the seller’s lawyer, your bank, and the seller’s bank
- Confirming registration of the transfer after settlement and notifying relevant authorities
After settlement:
- Confirming that the title has been registered in your name
- Notifying the local council and Water Corporation of the change of ownership
- Providing you with a final settlement statement showing all payments made and received
For Sellers
When acting for a seller, the conveyancing lawyer handles the reverse side of the transaction:
- Preparing or reviewing the contract of sale and any special conditions
- Responding to requisitions (formal questions) from the buyer’s lawyer about the property
- Obtaining payout figures from your existing mortgagee
- Preparing the discharge of mortgage documentation
- Coordinating settlement through PEXA
- Ensuring the sale proceeds are distributed correctly after settlement, including paying out the existing mortgage, agent’s commission, and any outstanding rates or levies
How Much Does Conveyancing Cost in Perth?
This is one of the most common questions we receive, and the honest answer is that it depends on the complexity of the transaction. However, the following table provides a realistic guide to what you should expect to pay for a standard residential conveyancing transaction in Western Australia.
Professional Fees and Disbursements
| Cost Component | Typical Range | Notes |
| Lawyer’s professional fee | $900 to $2,500 | Covers all legal work from contract review to post-settlement. More complex transactions (strata, off-the-plan, rural) attract higher fees |
| Landgate title search | $25 to $35 | Confirms ownership and identifies encumbrances on the title |
| Local council rates search | $50 to $100 | Confirms outstanding rates and any special levies |
| Water Corporation search | $50 to $80 | Confirms water and sewerage connection and outstanding charges |
| Planning and building searches | $50 to $150 | Checks for unapproved building work, planning restrictions, and development applications |
| Strata searches (if applicable) | $200 to $400 | Strata information certificate and financial statements |
| PEXA settlement fee | Approximately $135 | Electronic settlement platform fee |
| Sundry disbursements | $100 to $300 | Postage, phone, copying, bank fees, registration fees |
| Total estimated cost | $1,800 to $3,500 | Excluding stamp duty |
These figures are for a standard residential purchase. Commercial property transactions, rural properties, and transactions involving complex title issues (such as contaminated land, heritage listings, or native title) will attract higher fees.
Stamp Duty (Transfer Duty) in Western Australia
Stamp duty is the largest single cost in most property transactions and is payable by the buyer. In Western Australia, the rates are calculated on a sliding scale based on the dutiable value of the property.
| Property Value | Stamp Duty Rate |
| Up to $120,000 | $1.90 per $100 |
| $120,001 to $150,000 | $2,280 plus $2.85 per $100 above $120,000 |
| $150,001 to $360,000 | $3,135 plus $3.80 per $100 above $150,000 |
| $360,001 to $725,000 | $11,115 plus $4.75 per $100 above $360,000 |
| Above $725,000 | $28,453 plus $5.15 per $100 above $725,000 |
What this means in real terms:
| Purchase Price | Approximate Stamp Duty |
| $500,000 | $17,765 |
| $600,000 | $22,515 |
| $750,000 | $29,741 |
| $900,000 | $37,466 |
| $1,000,000 | $42,616 |
First Home Buyer Concessions (From May 2026)
First home buyers in Western Australia now receive significantly expanded stamp duty concessions:
- Homes valued up to $600,000: No stamp duty payable
- Homes valued $600,001 to $700,000 (metropolitan and Peel): Reduced duty at $13.63 per $100 above $600,000
- Homes valued $600,001 to $800,000 (outside metropolitan and Peel): Reduced duty at $11.89 per $100 above $600,000
- Vacant land valued up to $450,000: No stamp duty payable
- Vacant land valued $450,001 to $550,000: Reduced duty at $15.39 per $100 above $450,000
These concessions represent a substantial saving for first home buyers. On a $550,000 property in Perth, a first home buyer now pays zero stamp duty, compared to approximately $15,610 under the standard rates.
A foreign buyer surcharge of 7% of the property value also applies to purchases by foreign persons or entities.
Electronic Settlement Through PEXA
Western Australia has largely transitioned to electronic property settlement through the PEXA (Property Exchange Australia) platform. This means that settlement no longer involves lawyers physically attending a settlement room with cheques and documents. Instead, the entire process is completed electronically, with funds transferred and title registration occurring simultaneously.
How PEXA Settlement Works
- Workspace creation. The conveyancing lawyers for both parties create a shared workspace in PEXA, linked to the transaction
- Document preparation. Transfer documents, mortgage discharges, and new mortgage documents are prepared and uploaded to the workspace
- Financial settlement schedule. All financial details are entered, including the purchase price, adjustments for rates and levies, stamp duty, agent’s commission, and mortgage payout figures
- Verification. Both parties verify the documents and financial details in the workspace
- Signing. Documents are digitally signed by authorised practitioners
- Settlement. On settlement day, PEXA processes all financial transactions simultaneously and lodges the transfer and mortgage documents with Landgate for registration
The advantages of electronic settlement are speed, certainty, and reduced risk of errors. The days of settlements failing because a cheque was drawn incorrectly or a document was missing from the settlement pack are largely behind us. However, electronic settlement has introduced new requirements around digital identity verification, practitioner authorisation, and cybersecurity that make professional legal representation more important, not less.
What Can Go Wrong in a Property Transaction
Property transactions fail or encounter serious problems more often than most people expect. Here are the issues we see most frequently:
Title Issues
- Caveats lodged by third parties who claim an interest in the property. A caveat must be removed or withdrawn before settlement can proceed, and this can take days or weeks depending on whether the caveator agrees to withdraw voluntarily
- Easements that affect how you can use the property. A drainage easement running through the middle of a residential block may prevent you from building where you planned
- Restrictive covenants that limit what you can build on the land, including minimum building values, material restrictions, and prohibitions on certain uses
- Encroachments where structures on the property extend over the boundary, or neighbouring structures encroach onto the property
Contract Issues
- Finance conditions that are too short, leaving the buyer scrambling to obtain approval or risking the deposit if finance is not approved in time
- Building and pest conditions that are missing or poorly drafted, leaving the buyer with no contractual right to withdraw if a significant defect is discovered
- Special conditions drafted by the seller’s agent that favour the seller, such as early access provisions, extended settlement periods, or limitations on the buyer’s right to inspect before settlement
- Sunset clauses in off-the-plan contracts that allow the developer to terminate the contract if settlement does not occur by a specified date
Settlement Issues
- Bank delays where the buyer’s lender does not prepare mortgage documents in time for settlement
- Payout figure disputes where the seller’s existing mortgagee provides incorrect or expired payout figures
- Adjustment errors where rates, water charges, or strata levies are not correctly apportioned between buyer and seller
- Failed settlements where one party is unable to settle on the agreed date, triggering penalty interest and potential termination rights
A conveyancing lawyer anticipates these problems, identifies them early, and manages them before they threaten the transaction.
Conveyancing for Strata Properties
Buying a strata-titled property (a unit, apartment, townhouse, or villa within a strata scheme) involves additional considerations that do not apply to freehold land.
What Your Lawyer Reviews in a Strata Purchase
- Strata plan showing the boundaries of the lot, common property areas, and any exclusive-use areas
- By-laws that govern how the property and common areas can be used, including restrictions on pets, renovations, short-term letting, and parking
- Financial statements showing the strata company’s financial position, including the reserve fund balance and any outstanding or anticipated special levies
- Minutes of recent meetings that may reveal disputes, planned major works, or upcoming special levies
- Insurance held by the strata company, including whether the building insurance is adequate and current
- Any pending or resolved disputes between the strata company and lot owners
The strata information is where hidden costs often live. A reserve fund with a low balance and a building that needs significant repairs means a special levy is coming. Minutes that reference ongoing disputes with a particular lot owner or contractor can indicate a dysfunctional strata company. A by-law that prohibits short-term letting may affect your plans if you intended to use the property as an Airbnb investment.
Your Conveyancing ChecklistFor Buyers
- Have you obtained finance pre-approval before making an offer?
- Has your lawyer reviewed the offer and acceptance or contract of sale before you signed?
- Have you included appropriate conditions (finance, building and pest, due diligence) in the contract?
- Do you understand all special conditions in the contract, including any that favour the seller?
- Has your lawyer conducted a title search to check for encumbrances, easements, and caveats?
- Have all property searches (council, water, planning, strata) been completed and reviewed?
- Do you know how much stamp duty you will pay, and are you eligible for any concessions?
- Have you arranged building and pest inspections within the timeframe specified in the contract?
- Has your lawyer confirmed the settlement date and coordinated with your bank?
- Have you conducted a final inspection of the property before settlement?
For Sellers
- Has your lawyer prepared or reviewed the contract of sale?
- Have you disclosed all known material defects and issues with the property?
- Have you obtained a payout figure from your existing mortgagee?
- Has your lawyer confirmed the settlement figures, including agent’s commission, outstanding rates, and payout amounts?
- Have you arranged to vacate the property and hand over all keys by settlement?
Common Mistakes in Property Transactions
Signing the contract before getting legal advice. This is the most common and most preventable mistake. Once you sign an offer and acceptance in Western Australia, you are generally bound by its terms (subject to any conditions you have included). If the contract contains unfavourable terms, you have lost your opportunity to negotiate. Getting legal advice before signing costs a few hundred dollars. Discovering a problem after signing can cost thousands.
Relying on the real estate agent for legal advice. The agent works for the seller. Their job is to sell the property at the highest possible price and facilitate a smooth transaction. They are not qualified to give you legal advice, and their interests are not aligned with yours. Any advice the agent gives you about the contract, the settlement process, or your legal rights should be verified independently by your own lawyer.
Skipping building and pest inspections to save money. A building and pest inspection costs $400 to $800. Structural defects, termite damage, asbestos, or non-compliant building work can cost tens of thousands to remedy. The inspection also gives you a contractual right to withdraw or renegotiate if significant issues are found. Skipping it to save a few hundred dollars is a false economy.
Not checking the strata records for a unit purchase. The sale price of a strata property reflects the property today. It does not account for a $30,000 special levy that the strata company is about to issue for roof repairs, or a by-law change that will restrict how you can use the property. These issues are disclosed in the strata records, but only if you request and review them.
Underestimating the total cost of purchase. Many first-time buyers budget for the purchase price and forget about stamp duty, legal fees, bank fees, building inspections, insurance, and the cost of connecting utilities. On a $600,000 property, these additional costs can add $20,000 to $35,000 to the total outlay. Your lawyer and your broker should help you prepare a realistic total cost estimate before you commit.
Frequently Asked QuestionsWhat is the difference between a conveyancer and a conveyancing lawyer?
A licensed conveyancer is qualified to prepare and lodge documents for property transactions but cannot provide legal advice beyond the conveyancing process itself. A conveyancing lawyer (solicitor) can do everything a conveyancer does and can also provide legal advice on contract terms, negotiate amendments, advise on complex title issues, and represent you in disputes or court proceedings. For straightforward transactions, either can handle the process competently. For transactions involving unusual conditions, complex title issues, or potential disputes, a lawyer provides a broader scope of protection.
How long does conveyancing take in Perth?
A standard residential settlement in Perth takes 30 to 42 days from the date the contract is signed to the date of settlement, though this can vary depending on the terms agreed by the parties. Cash purchases can settle in as little as 14 to 21 days. Transactions that are subject to finance approval, building inspections, or other conditions may take longer if those conditions require additional time to satisfy.
Can I do my own conveyancing in Western Australia?
Legally, yes. There is no requirement to engage a lawyer or licensed conveyancer for a property transaction in WA. However, the risks of self-conveyancing are significant. Missing a title issue, miscalculating stamp duty, failing to identify an encumbrance, or making an error in the PEXA workspace can result in financial loss, delayed settlement, or a transaction that falls through entirely. Given that professional conveyancing fees are typically $1,500 to $2,500, the cost of legal representation is modest relative to the value of the property and the risks involved.
Do I need a conveyancing lawyer if I am selling, not buying?
Yes. As a seller, you have legal obligations regarding disclosure, contract preparation, and settlement. Your lawyer ensures the contract is properly prepared, responds to requisitions from the buyer’s lawyer, coordinates with your bank for the mortgage discharge, and manages the settlement process through PEXA. Attempting to sell without legal representation risks errors that can delay settlement, expose you to claims from the buyer, or result in financial loss.
What happens if settlement is delayed?
If one party cannot settle on the agreed date, the other party may be entitled to claim penalty interest (typically calculated at a default rate specified in the contract or by legislation) for each day settlement is delayed. In serious cases, a prolonged delay can entitle the non-defaulting party to terminate the contract and claim damages. If you anticipate a delay, your lawyer can negotiate an extension with the other party before the settlement date to avoid penalty interest and termination risk.
Final Word
Buying or selling property is not a transaction you complete every day. Most people do it a handful of times in their lifetime, and each time the financial stakes are significant. The conveyancing process exists to protect both parties by ensuring that the property title is clear, the contract is fair, the financial arrangements are correct, and the transfer of ownership is legally valid.
The cost of professional conveyancing is a small fraction of the property value, and the protection it provides is disproportionately large. A few thousand dollars in legal fees can prevent tens of thousands in losses from contract traps, title defects, undisclosed liabilities, or settlement failures. That is not a theoretical benefit. It is what we see happen regularly in practice when buyers or sellers try to save money by skipping professional advice.


