Conveyancing in South Australia presents unique challenges

Buying or selling property in South Australia comes with its own legal quirks and administrative hurdles.

From tight settlement deadlines to complex zoning disclosures, even a small oversight can derail a transaction or leave you exposed to legal risk.

Unlike in other states, South Australia has its own legislation, digital systems, and documentation requirements—Form 1s, electronic settlements, and community title schemes—that require local expertise.

To help you understand what makes Adelaide conveyancing unique, we spoke to leading professionals across the city.

Here’s what they had to say.

What conveyancing involves

Jake Evans, Director and Registered Conveyancer, Houtermans Horner Conveyancing, said the conveyancing is the legal process that makes sure a property is transferred properly from one person to another.

“It includes preparing and lodging all the right documents, checking the fine print, and making sure everything’s done according to the law.”

Form 1 and document preparation in Adelaide

In South Australia, conveyancers operate within a legal and digital framework that differs significantly from the eastern states.

One of the most important documents in any Adelaide property transaction is the Form 1, also known as the Vendor’s Statement. It contains key details about the property’s zoning, council rates, easements and any encumbrances on the title.

Unlike in other states, SA law requires the Form 1 to be served to the purchaser at least 10 clear days before settlement. If it’s late, incomplete, or inaccurate, it can delay settlement or even give the buyer legal grounds to withdraw. A skilled conveyancer ensures the document is correct and delivered on time, reducing risk for both parties.

For example, if a buyer discovers an undisclosed easement after signing, they could pull out of the deal or renegotiate terms. For sellers, getting Form 1 wrong can lead to delays, loss of sale, or even legal disputes making professional oversight essential.

Digital Adelaide settlements, community title schemes

Nicole Xenides, Managing Director, Cornerstone Conveyancing, explained that since 2020, electronic settlements have become mandatory in South Australia, with property transactions now completed online using PEXA.

“PEXA is a secure digital platform that streamlines settlement processes, reduces paperwork, and minimises delays.”

In South Australia, community title subdivisions include two or more lots plus a shared area—like a driveway, garden, or parking space—that all owners use. The Community Corporation looks after that shared space, including things like insurance and maintenance.

Each lot has clearly measured boundaries, and owners are responsible for insuring any buildings on their own lot.”

Helen Wu, Registered Conveyancer, Suntide Conveyancing, said community title schemes are becoming more common in Adelaide, particularly in new townhouse developments.

“Buyers should understand how shared areas are managed and what their obligations will be.

“This includes contributing to shared area maintenance costs, participating in Community Corporation decisions, and complying with any by-laws—details that should be clearly reviewed before purchasing.”

Four reasons a good conveyancer matters

1. Early involvement reduces the risk

Engaging a conveyancer at the offer stage, not just once a contract is signed, can help flag red flags early, especially when dealing with special conditions or tight timeframes.

Nicole Ellis, Director, NL Conveyancers, said earlier proactivity when it came to enlisting the services of a conveyancer paid dividends.

“The earlier you bring in a conveyancer, the better, as they can provide guidance through the complexities of buying real estate, clarifying issues, and assisting with anything affecting the property purchase.

“This helps prevent potential issues and ensures a smoother transaction process.

“This applies to buyers and sellers alike.”

2. Beyond basic transfers

Everyone involved in a property transaction, be it residential or commercial, will need a conveyancer or solicitor to complete the transfer.

In South Australia, licensed conveyancers are often engaged by both buyers and sellers (independently), and many specialise in areas such as:

• first-home buyer purchases
• off-the-plan or new developments
• land division and subdivisions
• commercial leasing and acquisition.

They also handle legal matters like private sale contract preparation, change of name on titles, family transfers, deceased estates, and discharging encumbrances or easements.

This range of services ensures that all property-related matters are managed with legal diligence and in line with South Australian regulations.

3. Confidence in your transaction

Kathy Stolinski, Director and Registered Conveyancer, Adcocks Conveyancing said an independent conveyancer isn’t tied to the seller or the agent, which helps avoid any conflicts and gives you confidence that your side of the transaction is being properly looked after.

“Agents might suggest a conveyancer, but it’s always worth choosing someone who’s acting solely in your best interests.”

4. Digital security and compliance

With conveyancing now fully digital, cybersecurity has become a key focus for professionals in the field.

Angie Nguyen, Licensed Conveyancer at Convey Property Settlements, said that in today’s digital conveyancing landscape, the importance of cybersecurity cannot be overstated.

“With the rise of online transactions, verifying identities and safeguarding sensitive information is paramount to ensuring secure and seamless property transactions.”

Nguyen also noted that upcoming Anti-Money Laundering (AML) reforms will only heighten this focus.

“As new ‘Know Your Customer’ and Verification of Identity obligations roll out, digital security will move from a back-end consideration to a front-line priority for every conveyancer.

“These changes demand robust systems, clear processes, and trusted providers to protect both our clients and the integrity of our industry.”

For clients, this means verifying their identity through secure channels, avoiding email-based fund transfers without confirmation, and trusting that their conveyancer is working with vetted, compliant systems.

Choosing the right Adelaide conveyancer can give you clarity, confidence, and legal protection from the very first step. Whether you're buying, selling, or transferring property, these professionals ensure the process is not only compliant but smooth and secure.