Most people buying or selling a home in Queensland have heard the word conveyancing, but fewer could say exactly what it involves or why getting it wrong can cost far more than the legal fees. The property itself is usually the largest transaction of a person's life, and the legal steps that move ownership from one person to another are more layered than they appear from the outside.
Conveyancing is the legal process of transferring ownership of property from a seller to a buyer. It begins the moment a contract of sale is signed and ends when the buyer's name is registered on the title. Between those two points sit a series of searches, calculations, deadlines and disclosure obligations, many of which have changed significantly in the past twelve months under new Queensland rules.
Lawyers in Springfield and Ipswich help buyers and sellers across Greater Springfield and Ipswich navigate every stage of a property transaction, from reviewing the contract before signing to managing settlement and registration.
Here is how conveyancing generally works in Queensland, what has changed recently, and why the process benefits from a solicitor's involvement.
Key takeaways
- Queensland's seller disclosure scheme, which commenced 1 August 2025, now requires sellers to give buyers key information before a contract is signed.
- From 1 August 2026, buyers must be Australian citizens or permanent residents to claim a Queensland home or first home concession.
- The first home owner grant of $30,000 applies to new homes only; there is no grant available for buyers of established homes.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What does conveyancing actually involve in Queensland?
Conveyancing covers everything that happens legally between the signing of a contract and the moment the buyer is registered as the new owner on the Queensland titles register. It is not simply paperwork. A solicitor conducting a conveyance reviews the contract for unusual or unfavourable terms, carries out property searches to identify issues that may not be visible on inspection, calculates the transfer duty payable, manages the exchange of funds at settlement, and lodges the transfer documents with Titles Queensland.
The searches conducted during a conveyance can reveal matters that significantly affect the value or usability of a property: outstanding rates or water charges, easements, encumbrances, planning overlays, contamination notices and heritage listings. A buyer who skips or skimps on searches takes on risk that a solicitor would have identified.
What has changed in Queensland conveyancing in the past twelve months?
Three significant changes have reshaped Queensland conveyancing since mid-2025, and most competitor content predates all of them.
Seller disclosure, commencing 1 August 2025: Under Queensland's new seller disclosure scheme, sellers must give buyers key information about a property before a contract of sale is signed, according to the Queensland Government. If a seller fails to comply, the buyer may be able to terminate the contract. This ended Queensland's long-standing buyer beware position for residential sales and shifted meaningful obligations onto the seller's side of the transaction.
Identity verification, commencing 1 July 2026: AUSTRAC's anti-money laundering and counter-terrorism financing regime now covers lawyers and conveyancers as providers of designated services. Under these obligations, which commenced 1 July 2026, clients can expect their solicitor to carry out formal identity verification as part of the conveyancing process. This applies to buyers and sellers alike. AUSTRAC regulates the designated services provided, not the legal profession as a whole, but in practice every residential conveyance now involves an AML/CTF verification step.
Citizenship requirement for concessions, commencing 1 August 2026: From 1 August 2026, the Queensland Revenue Office requires buyers claiming a home, first home or first home vacant land concession to be Australian citizens, permanent residents or specified foreign retirees. Buyers who do not meet this requirement from that date are not eligible for the concession, regardless of whether they satisfy the other eligibility criteria.
3 changes
to Queensland conveyancing law in the past twelve months: seller disclosure (August 2025), AML/CTF identity verification (July 2026) and the citizenship requirement for duty concessions (August 2026), per the Queensland Government and AUSTRAC.
What transfer duty and grants are available to Queensland buyers?
Transfer duty, commonly called stamp duty, is a Queensland state tax on property transactions. The Queensland Revenue Office sets the rates and administers the concessions.
First home buyers of established homes may be eligible for the first home concession, which applies to homes valued under $800,000 and saves eligible buyers up to $24,525, according to the Queensland Revenue Office. From 1 August 2026, eligibility requires Australian citizenship or permanent residency.
First home buyers of new homes may access the first home (new home) concession, which from 1 May 2025 reduces transfer duty to nil for eligible buyers acquiring a new or substantially renovated home, or vacant land to build on, according to the Queensland Revenue Office.
The first home owner grant of $30,000 is available for eligible new homes and continues for eligible contracts signed from 1 July 2026 onwards, according to the Queensland Government. The grant applies to new homes valued at less than $750,000 including land. It is not available for buyers of established homes.
Only one transfer duty concession can be claimed per transaction, according to the Queensland Revenue Office. A solicitor can assess which concession, if any, a buyer is entitled to claim.
How does conveyancing generally work in Queensland?
Step 1: Talk to us
Get in touch and we will explain how the conveyancing process works for your type of transaction, whether you are buying an established home, a new build, a unit or vacant land, and what the key steps and timeframes generally look like.
Step 2: Contract review
Before a contract is signed, a solicitor reviews its terms for anything unusual, including special conditions, deposit arrangements, finance clauses and settlement dates. This is the stage at which issues are easiest to address. Once a contract is signed, the buyer's options narrow.
Step 3: Cooling off and searches
Residential property contracts in Queensland carry a cooling off period of 5 business days, during which the buyer may cancel by giving the seller written notice by 5pm on the 5th day, according to the Queensland Government. A penalty of up to 0.25% of the purchase price may be deducted from the deposit. Auctions carry no cooling off period. During this window and beyond it, a solicitor conducts the property searches needed to identify risks not visible on inspection.
Step 4: Transfer duty and identity verification
Transfer duty is calculated and, where applicable, a concession application is prepared. Under the AML/CTF obligations that commenced 1 July 2026, AUSTRAC now requires lawyers conducting conveyances to carry out formal identity verification for their clients. Clients provide their identity documents at this stage as part of the process.
Step 5: Settlement
At settlement, the balance of the purchase price is exchanged, the transfer documents are executed and the seller's mortgage, if any, is discharged. Most Queensland settlements now occur electronically through an online platform. A solicitor manages the settlement process, coordinates with the buyer's financier and the seller's solicitor, and ensures the funds and documents exchange correctly.
Step 6: Registration and beyond
After settlement, the transfer is lodged with Titles Queensland to register the buyer as the new owner. A solicitor handles the lodgement and notifies the relevant authorities, including the local council and water authority, of the change of ownership.
| Get in touch Need help with your conveyance? We're an experienced team who keep you well informed at every stage of the process. Get in touch to discuss your needs.
|
When does the conveyancing process not apply in the usual way?
Conveyancing is not a single fixed process, and some transactions fall outside the standard residential steps in ways that matter.
Property transferred between family members, including transfers following a separation or the death of an owner, generally involves different duty treatment and may require court orders, letters of administration or other documents before the transfer can proceed. The conveyancing steps are similar, but the surrounding legal work is not.
Off-the-plan purchases, where a buyer contracts for a property that has not yet been built or registered as a separate lot, involve different contract terms, longer settlement periods and a separate set of risks around construction, developer insolvency and sunset clauses. The standard cooling off period rules apply differently, and the duty calculation may use a different dutiable value.
Commercial property transactions, including purchases of shops, offices or industrial land, are generally not subject to the cooling off provisions that apply to residential contracts. The seller disclosure scheme also applies differently depending on property type. A solicitor assessing a commercial purchase applies a different framework to a residential one, and the two are not interchangeable.
Foreign buyers face an additional foreign acquirer duty of 8% on acquisitions of residential land, according to the Queensland Revenue Office. This is separate from the standard transfer duty calculation and is not affected by the home concession.
What common mistakes do buyers and sellers make in Queensland conveyancing?
The most consistent source of difficulty in Queensland conveyancing is signing a contract before it has been reviewed. Once both parties sign, the contract is binding and the buyer is generally committed to its terms, including any special conditions that may be unfavourable. The five business day cooling off period provides some protection, but it is a short window and attracts a financial penalty to use.
A second common issue is assuming that all concessions stack. The Queensland Revenue Office is clear that only one transfer duty concession may be claimed per transaction. Buyers sometimes assume they can claim the first home concession and a home concession simultaneously, which is not how the rules work.
A third area of difficulty arises from the citizenship requirement that took effect on 1 August 2026. Buyers who are not Australian citizens or permanent residents and who signed contracts on or after that date expecting to claim a home or first home concession may find themselves ineligible. The eligibility rules are set by the Queensland Revenue Office and changed on that date regardless of when a buyer began the process.
Frequently Asked Questions
What is conveyancing in Queensland?
Conveyancing is the legal process of transferring ownership of property from a seller to a buyer. It covers everything from contract review and property searches through to settlement and registration of the new owner's title at Titles Queensland.
Do you need a solicitor for conveyancing in Queensland, or can you use a licensed conveyancer?
Both solicitors and licensed conveyancers can conduct residential conveyancing in Queensland. A solicitor can also advise on related legal issues that arise during the transaction, such as contract disputes, title defects, family law complications or estate matters, whereas a conveyancer's scope is limited to the conveyancing itself.
How long does conveyancing generally take in Queensland?
The length of a conveyance depends on the settlement date agreed in the contract, which is typically negotiated between the parties. Finance approvals, search results and the seller's circumstances all affect the timeline in practice. A solicitor can advise on what is realistic for a particular transaction.
What is the cooling off period for property contracts in Queensland?
Residential property contracts in Queensland carry a cooling off period of 5 business days, according to the Queensland Government. The buyer may cancel by giving the seller written notice by 5pm on the fifth day, but a penalty of up to 0.25% of the purchase price may be deducted from the deposit. There is no cooling off period for properties sold at auction.
What is the Queensland seller disclosure scheme and when did it start?
Queensland's seller disclosure scheme commenced 1 August 2025, according to the Queensland Government. It requires sellers of residential property to give buyers key information about the property before the contract of sale is signed. If a seller does not comply, the buyer may be able to terminate the contract.
Do Springfield and Ipswich buyers need a solicitor for conveyancing, or is it something they can handle themselves?
A solicitor acting for a buyer in Springfield or Ipswich conducts searches, reviews the contract, manages transfer duty, carries out the identity verification now required under the AML/CTF obligations that commenced 1 July 2026, and coordinates settlement. Attempting a Queensland conveyance without legal assistance is possible in limited circumstances but leaves the buyer managing searches, duty calculations, PEXA settlement procedures and title lodgement without professional oversight, at a point where the financial exposure is typically substantial.
What transfer duty concessions are available to first home buyers in Queensland?
Two concessions are available, depending on the type of property, according to the Queensland Revenue Office. Buyers of established homes under $800,000 may access the first home concession, saving up to $24,525. Buyers of new homes may access the first home (new home) concession, which from 1 May 2025 reduces duty to nil. Only one concession may be claimed per transaction, and from 1 August 2026 eligibility requires Australian citizenship or permanent residency. The Ipswich conveyancing team can assess which concession applies to a particular purchase.
Your Next Steps
Queensland conveyancing involves more moving parts than most buyers and sellers expect, and the rules have shifted meaningfully over the past year. Getting the contract reviewed before signing, understanding which duty concessions apply, and meeting the new identity verification requirements are all steps where having a solicitor in your corner makes a practical difference to how the transaction unfolds.
If conveyancing is on your mind, the next step is a straightforward one. Get in touch with the Brookwater Legal team or call (07) 3437 8555, and we will talk you through how the process generally works.
|
External Resources
Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
