Conveyancing

Under British Columbia law, conveyancing—the legal transfer of real property ownership—may only be performed by a lawyer or a notary public. Both are regulated professionals authorized to prepare, review, and register transfer and mortgage documents at the Land Title Office. Verify current licensing requirements with the Law Society of British Columbia or the Society of Notaries Public of British Columbia before engaging a professional.

During conveyancing in BC, the notary or lawyer prepares and registers documents including the Form A Transfer of Land, Form B Mortgage (if financing is involved), and any necessary discharge or postponement documents at the Land Title Office under the Land Title Act, RSBC 1996, c. 250. Supporting documents such as the Statement of Adjustments, statutory declarations, and property tax certificates are also prepared. Verify the complete document checklist with your conveyancer, as requirements vary by transaction.

The Land Title Office administers BC's Torrens land title system under the Land Title Act, RSBC 1996, c. 250, providing conclusive registered ownership and priority of interests. During conveyancing, the notary or lawyer conducts a title search, then electronically registers the transfer and mortgage documents to effect the legal change of ownership. The Land Title Office maintains the official land title register for all property in British Columbia.

Yes, Property Transfer Tax is levied under the Property Transfer Tax Act, RSBC 1996, c. 378, and is payable on registration of the transfer at the Land Title Office. The conveyancer calculates the PTT—currently 1% on the first $200,000 (as of 2026-07-27 — verify current), 2% on the portion from $200,000 to $2,000,000 (as of 2026-07-27 — verify current), 3% on the portion from $2,000,000 to $3,000,000 (as of 2026-07-27 — verify current), and 5% above $3,000,000 (as of 2026-07-27 — verify current)—unless an exemption (such as the First-Time Home Buyer Exemption) applies. Additional PTT of 20% (as of 2026-07-27 — verify current) applies to foreign entities and taxable trustees. Verify current rates and exemptions with a BC lawyer, notary, or the BC Ministry of Finance before completing your transaction.

The Statement of Adjustments is a detailed accounting document prepared by the conveyancer that allocates and prorates costs and credits between buyer and seller as of the completion date, including property taxes, strata fees (if applicable), rent, utilities, and other adjustments. It ensures each party pays or receives only their proportionate share up to the date of legal possession. Your notary or lawyer will provide you with the final Statement of Adjustments at or before completion; verify all figures with your conveyancer before funds are released.

The conveyancing timeline in BC varies by transaction complexity but typically spans 30 to 90 days from the date a Contract of Purchase and Sale is accepted to the completion (closing) date. Delays may occur due to title defects, financing conditions, strata documentation review, or Land Title Office processing times. Verify the expected timeline and any critical dates with your BC lawyer or notary at the outset of your transaction.

Title insurance is an optional insurance product that protects against title defects, fraud, survey issues, and certain encumbrances not revealed in the Land Title Office search; it is not mandatory in British Columbia. Many lenders require title insurance as a condition of mortgage financing, and buyers may choose to purchase an owner's policy for additional protection. Verify whether title insurance is appropriate for your transaction with your BC lawyer or notary, as BC's Torrens land title system under the Land Title Act, RSBC 1996, c. 250, already provides strong statutory title assurance.

Yes. When conveyancing a strata property (commonly called a condominium in other provinces), the lawyer or notary must review the strata documents—including the Form B Information Certificate, bylaws, rules, financial statements, depreciation report, minutes, and any special levies—under the Strata Property Act, SBC 1998, c. 43. The buyer has a statutory rescission period (typically three business days after receiving the Form B—verify current requirements under SPA s. 59 and the Strata Property Regulation) to review these documents and cancel the contract if unsatisfied. Verify all strata-specific conveyancing steps with your BC lawyer or notary before waiving conditions.

During conveyancing, the seller's lawyer or notary obtains a payout statement from the seller's existing lender, prepares a discharge of mortgage, and ensures the mortgage is paid out and discharged from title on or before the completion date using sale proceeds. The discharge is registered electronically at the Land Title Office under the Land Title Act, RSBC 1996, c. 250, clearing the charge so that the buyer receives clean title. Verify the discharge process and timing with your conveyancer, as any delay can affect the buyer's ability to register their new title and mortgage.

No. Conveyancing—the preparation, execution, and registration of legal documents transferring real property ownership—constitutes the practice of law in British Columbia and may only be performed by a lawyer or notary public. Real estate agents licensed under the Real Estate Services Act, SBC 2004, c. 42, may facilitate the transaction and draft the Contract of Purchase and Sale, but they are not authorized to provide legal advice or complete conveyancing. Verify the scope of practice for each professional with the Law Society of British Columbia, the Society of Notaries Public of British Columbia, or the British Columbia Financial Services Authority (BCFSA) before engaging services.