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Definition Of Conveyancing Work

Definition of conveyancing work for applicants awaiting determination of their applications and provisional licensees

Applicants for a licence awaiting the BLA’s determination of their application, as well as persons granted a provisional licence by the BLA, can only undertake conveyancing work as it was defined by the Legal Profession Act 2004 immediately before 1 July 2008.

This means conveyancing work other than legal work, carried out in connection with the transfer or conveyance of a freehold or leasehold interest in land.

Legal work means

(a) the preparation of any document that creates, varies, transfers or extinguishes an interest in land or
(b) the giving of legal advice.

Definition of conveyancing work for unrestricted / full licensees

Once an individual or company is granted an unrestricted or full conveyancer licence by the BLA, you can undertake conveyancing work as defined under the Conveyancers Act 2006.

(1) Conveyancing work means legal work carried out in connection with any transaction that creates, varies, transfers, conveys or extinguishes a legal or equitable interest in any real or personal property, such as, for example, any of the following transactions

  • the sale of a freehold interest in land
  • the creation, sale or assignment of a leasehold interest in land
  • the grant of a mortgage or other charge.

 

(2) Without limiting the above definition, conveyancing work includes

  • legal work involved in preparing any document (such as an agreement, conveyance, transfer, lease or mortgage) that is necessary to give effect to a transaction of a kind referred to in sub-section (1) and
  • legal work (such as the giving of advice or the preparation, perusal, exchange or registration of documents) that is consequential or ancillary to a transaction of a kind referred to in sub-section (1) and 
  • any other legal work that is prescribed by the regulations as constituting conveyancing work for the purposes of this Act.

 

(3) However, conveyancing work does not include

(a) legal work carried out for the purpose of

  • commencing or maintaining legal proceedings or
  • applying for a grant of probate or letters of administration or
  • establishing a corporation or varying the constitution of a corporation or
  • creating, varying or extinguishing a trust or
  • preparing a testamentary instrument or
  • giving investment or financial advice or
  • investing money otherwise than as provided for in Part 5 or

(b) legal work connected with the sale of a business (including the sale of goodwill and stock-in-trade and the transfer of any business licence), other than legal work connected with a sale or lease of land or any other transaction involving land or

(c) the provision of legal advice in relation to

  • obtaining the consent of a person or body under an Act or regulations to the development or use of land or
  • an application for an order under Division 5 of Part IV of the Transfer of Land Act 1958 or

(d) work prescribed by the regulations as not constituting conveyancing work for the purposes of this Act.