Regulation of conveyancers
What is conveyancing?
Conveyancing is work carried out in connection with certain property transactions including, for example, the sale of a freehold interest in land or the grant of a mortgage. Conveyancing work may be performed by lawyers and by people who are not lawyers. Non-lawyers wishing to carry on a conveyancing business for fee or reward must be licensed by the Business Licensing Authority and comply with other requirements under the Conveyancers Act 2006.
Regulation of conveyancers
The Board regulates lawyers and people who engage in legal practice without being lawfully permitted to do so. The Board does not regulate non-lawyer conveyancers, unless they engage in legal practice that is not permitted under the Conveyancers Act. For further information about non-lawyer conveyancers, please contact Consumer Affairs Victoria.
Can a conveyancer carry out legal work?
Licensed conveyancers are authorised to carry out some legal work in connection with conveyancing transactions including preparing agreements, conveyances, transfers, leases or mortgages in the course of those transactions. However, non-lawyer conveyancers may not carry out legal work that is not “conveyancing work” within the meaning of section 4 of the Conveyancers Act. Conveyancing work does not include, for example, legal work connected with the sale of a business, or carried out for the purpose of:
- commencing or maintaining legal proceedings
- establishing a corporation or varying the constitution of a corporation
- creating, varying or extinguishing a trust, or
- giving investment or financial advice.
Who can help me with if I have problems with a conveyancer?
If you have problems with a non-lawyer conveyancer, please contact Consumer Affairs Victoria. If you would like to make a complaint about a lawyer, whether in relation to conveyancing or other legal work, please contact the Legal Services Commissioner. If you believe a non-lawyer conveyancer is doing legal work that is not conveyancing work, please contact the Board.