Everything Victorian property buyers and sellers need to know about conveyancing — from Section 32 review to PEXA settlement, what it costs, how long it takes, and the mistakes that delay settlement. Updated for 2026.

Disclaimer: This article provides general information based on Australian law and is not legal advice. Laws and policies change — contact Ebra Partners for advice specific to your situation.

What Is Conveyancing?

Conveyancing is the legal process of transferring ownership of real property from one party to another. In Victoria, every residential and commercial property transaction — whether a purchase, sale, or transfer — must go through a formal conveyancing process governed by the Transfer of Land Act 1958 (Vic) and the Sale of Land Act 1962 (Vic).

The process begins when a buyer and seller reach agreement on a property and ends when the title is formally registered in the buyer's name at Land Use Victoria. Between those two points lies a series of legal steps, searches, negotiations, and financial arrangements that typically take 4–8 weeks depending on the complexity of the transaction. Conveyancing is not optional — you cannot legally complete a property purchase or sale in Victoria without it. The question is not whether you need conveyancing, but who you engage to handle it and how prepared you are going in.

Conveyancer vs Property Lawyer: What Is the Difference in Victoria?

In Victoria, conveyancing can be handled by either a licensed conveyancer or a property solicitor (conveyancing lawyer). Both are qualified for standard transactions, but the differences matter significantly if anything goes wrong or your transaction is more complex than a straightforward residential sale.

Licensed conveyancer: A specialist in property transactions, licensed by Consumer Affairs Victoria after completing a Diploma of Conveyancing. Conveyancers can manage the administrative and procedural steps of a standard property transfer — preparing and reviewing the contract, conducting searches, coordinating settlement, and lodging documents with Land Use Victoria. They are not, however, authorised to provide broader legal advice, advise on contract disputes, interpret complex title issues, or represent you in court.
Conveyancing lawyer (property solicitor): An admitted lawyer with expertise in property law who can handle all the same steps as a licensed conveyancer, plus advise on contract negotiations, legal disputes, title defects, development agreements, lease reviews, and any unexpected issues that arise during settlement. If your transaction is contested or becomes legally complex, a lawyer can also appear in court on your behalf.

For most straightforward residential sales and purchases, either professional will do. But if your transaction involves unusual contract conditions, a deceased estate, a business premises, an off-the-plan purchase, or any dispute with the vendor, a property lawyer provides legal protection a licensed conveyancer cannot offer.

The Conveyancing Process in Victoria: Step by Step

Whether you are buying or selling, the conveyancing process in Victoria follows a defined sequence. Here is what happens at each stage.

Step 1 — Section 32 and Contract Review

Before signing a contract of sale in Victoria, the vendor must provide a Section 32 Vendor's Statementunder the Sale of Land Act 1962. This document discloses the property's title details, easements, planning overlays, building permits, outgoings (council rates, water rates, body corporate fees), and services connected to the property. The Section 32 also contains building and planning information — so your lawyer reviews all of this at this stage, before exchange.

Your conveyancer or lawyer should review both the Section 32 and the contract of sale before you sign anything. Key things to check include any special conditions, the deposit amount and how it is held in trust, the settlement date, and whether all fixtures and inclusions are correctly recorded. Signing without this review is one of the most common and costly mistakes Victorian property buyers make.

Step 2 — Exchange of Contracts and Cooling-Off Period

Once both parties sign the contract, contracts are exchanged and the buyer pays an initial deposit — typically 10% of the purchase price, held in the vendor's solicitor's trust account. In Victoria, buyers who purchase by private sale have a 3 business day cooling-off period under section 31 of the Sale of Land Act, during which they can rescind the contract by paying a penalty of $100 or 0.2% of the purchase price, whichever is greater.

The cooling-off period does not apply to purchases made at auction, or where the contract of sale was signed within 3 business days before or after a scheduled auction for that property. If you are purchasing at or around an auction date, there is no legal right to rescind — making pre-auction contract and Section 32 review even more critical.

Step 3 — Due Diligence Searches

After exchange, your conveyancer or lawyer conducts a range of searches to confirm the property's legal status and identify any outstanding liabilities that could become your responsibility after settlement. Standard searches include:

Title search: Confirms the vendor is the registered owner and checks for caveats, mortgages, and encumbrances registered on the title.
Council rates certificate: Confirms outstanding rates and any notices issued by the local council.
Water rates certificate: Confirms outstanding water charges and the property's connection to water services.
Land tax clearance certificate: Confirms whether land tax is owing — unpaid land tax can become the buyer's liability after settlement in certain circumstances under the Land Tax Act 2005 (Vic).
Owners corporation search (if applicable): Confirms levies, special levies, financial statements, and common property rules for apartments and townhouses.

Step 4 — Stamp Duty Assessment

For buyers, stamp duty — formally called land transfer duty — is one of the largest upfront costs in a Victorian property purchase and must be addressed before settlement. The amount payable is assessed by the State Revenue Office of Victoria (SRO) based on the dutiable value of the property, which is generally the purchase price or the market value, whichever is greater.

Your conveyancer or lawyer will prepare and lodge the land transfer duty return with the SRO to obtain a notice of assessment. The duty must be paid before or at settlement and cannot be added to your mortgage in most circumstances. Stamp duty in Victoria is calculated on a progressive scale — for a $500,000 property, duty is approximately $21,970; for a $700,000 property, approximately $37,070.

First home buyers purchasing properties valued at $600,000 or less are entitled to a full exemption from stamp duty under the Duties Act 2000 (Vic). A partial concession applies to properties valued between $600,001 and $750,000. Your lawyer will confirm your eligibility and ensure the correct declarations are lodged with the SRO as part of this process.

Step 5 — Finance Approval and Settlement Preparation

If you are purchasing with a mortgage, your lender must formally approve your loan and prepare settlement documents before the settlement date. Ensure your lender is aware of the settlement date well in advance — delays from the bank are one of the most common causes of settlement postponement in Melbourne.

Your conveyancer will also prepare a settlement statement calculating pro-rata adjustments for council rates, water rates, body corporate fees, and land tax proportional to the settlement date. Both parties must agree on these figures before settlement can proceed.

Step 6 — Electronic Settlement on PEXA

Since 2019, almost all Victorian property settlements are conducted electronically through PEXA(Property Exchange Australia), the national e-conveyancing platform. On settlement day, your conveyancer, the vendor's conveyancer, and your lender work simultaneously within a shared digital workspace to transfer funds and lodge the Transfer of Land with Land Use Victoria.

PEXA settlement is faster and more secure than the old paper-based process, but it requires all parties to have completed their documents, signed their authorities, and confirmed figures in advance. A single missing document or unsigned authorisation form can cause settlement to be delayed.

Step 7 — Post-Settlement Registration

After settlement, Land Use Victoria registers the Transfer of Land and you officially become the registered proprietor. Your conveyancer will confirm completion in writing. If you have a mortgage, your lender will hold the Certificate of Title as security for the loan.

How Much Does Conveyancing Cost in Melbourne?

Conveyancing costs in Melbourne consist of two main components: professional fees and disbursements.

Professional fees vary across the industry depending on whether you engage a licensed conveyancer or a property solicitor, and the complexity of your transaction. Quoted hourly rates can make it difficult to budget with confidence. At Ebra Partners, we offer fixed-fee conveyancing for residential purchases, sales, and transfers — so you know exactly what you are paying before settlement day. Contact us for a quote tailored to your transaction.

Disbursements are the third-party costs incurred during the conveyancing process — title searches, council and water rate certificates, land tax clearance, and the PEXA platform fee. These are largely consistent regardless of which firm you engage and typically fall in the range of $300–$800 for a standard residential transaction in Victoria.

Stamp duty sits on top of all of this. For a $500,000 property, duty is approximately $21,970; for a $700,000 property, approximately $37,070. First home buyers purchasing at $600,000 or below pay no stamp duty at all. Always factor stamp duty into your total purchase budget before you start searching — it is a significant upfront cost that cannot be deferred.

How Long Does Conveyancing Take in Victoria?

For a standard residential transaction, conveyancing in Victoria takes between 4 and 8 weeks from the date of exchange to settlement. The most common settlement period nominated in Melbourne contracts is 60 days, though 30-day and 90-day settlements are also common depending on the circumstances of each party.

Factors that commonly extend the timeline include:

Lender delays: Your bank needs time to prepare settlement documents. Delays in loan approval or document preparation are the single most frequent cause of settlement postponement in Melbourne.
Off-the-plan purchases: Settlement does not occur until the plan of subdivision is registered at Land Use Victoria — which can take 1–3 years from the date of exchange.
Deceased estate sales: Where the vendor's estate has not yet obtained probate from the Supreme Court of Victoria, the executor cannot legally transfer the property until probate is granted.
Commercial property: These transactions often involve additional due diligence, lease assignments, GST and withholding tax obligations, and further title queries that add time.

Common Mistakes That Delay or Derail Settlement

Victoria's property market moves fast. These are the preventable errors our property lawyers see most often.

Not getting advice before signing. Once contracts are exchanged, you are legally bound. Buyers who sign without reviewing the Section 32 or having the contract checked by a lawyer can find themselves locked into unfavourable conditions with no easy exit.
Underestimating total purchase costs. Stamp duty, conveyancing fees, building and pest inspections, mortgage registration fees, insurance, and moving costs can add significant costs on top of the purchase price. Failing to budget accurately can create a funding gap at settlement.
Missing the cooling-off window. Victorian buyers have only 3 business days to rescind a private sale contract. If you have concerns about the property after exchange, act immediately — the window closes fast.
Being slow with your lender. Delays in providing identification, insurance confirmation, or signed loan documents can mean your lender is not ready on settlement day, potentially exposing you to penalty interest under the contract.
Ignoring owners corporation disclosures. For apartments and townhouses, the owners corporation records in the Section 32 can reveal high ongoing levies, upcoming special levies for capital works, or unresolved disputes. These carry real financial consequences that are difficult to undo after settlement.
Using a conveyancer when a lawyer is needed. Licensed conveyancers are qualified for standard transactions, but if your contract has unusual conditions, a title defect, or a dispute emerges, only a property lawyer can provide the full legal advice and representation required.

Conveyancing for First Home Buyers in Victoria

First home buyers in Victoria have access to two significant financial benefits. Understanding eligibility before you start searching — not after you find a property — allows you to structure your purchase to take full advantage of both.

First Home Buyer Stamp Duty Exemption: Properties valued at $600,000 or less attract no stamp duty for eligible first home buyers under the Duties Act 2000 (Vic). A sliding-scale concession applies to properties valued between $600,001 and $750,000. Properties above $750,000 attract full standard duty rates. The exemption is applied at settlement by your conveyancer through the SRO.
First Home Owner Grant (FHOG): Eligible first home buyers purchasing or building a new home valued up to $750,000 may receive a $10,000 grant from the Victorian Government. The FHOG is a separate application lodged directly with the State Revenue Office of Victoria — your conveyancer can explain the eligibility criteria and what the process involves, but the application is your responsibility to submit.

To qualify for both benefits, you must not have previously owned residential property anywhere in Australia, and you must occupy the property as your principal place of residence within 12 months of settlement for at least 12 continuous months. The definition of "new home" for FHOG purposes is specific — confirm eligibility with your property lawyer before you exchange contracts, not after.

Why Use a Conveyancing Lawyer in Melbourne?

For most Victorians, buying or selling a property is the largest financial transaction of their life. A licensed conveyancer handles the administrative steps efficiently — but a conveyancing lawyer provides an additional layer of legal protection that becomes essential when anything is non-standard.

Property lawyers can negotiate contract conditions, advise on the legal effect of unusual clauses, handle caveats and title defects, advise on GST and withholding obligations on commercial property, and appear in court if a transaction is contested. They hold professional indemnity insurance that covers legal advice — not just the conveyancing process itself.

At Ebra Partners, our property lawyers handle residential conveyancing, commercial settlements, off-the-plan purchases, and complex transfers across Melbourne and Victoria — including Essendon, Moonee Ponds, Coburg, Brunswick, Pascoe Vale, Preston, Fitzroy North, and surrounding suburbs. We offer fixed-fee conveyancing with a dedicated lawyer as your single point of contact from contract review through to registration of title. Call us on 1800 845 143 or book a free initial consultation to discuss your property matter.

Need personalised advice? Contact Ebra Partners on 1800 845 143 or visit us at 1059 Mt Alexander Road, Essendon VIC 3040 for a free initial consultation.

The Complete Guide to Conveyancing in Victoria (2026)