Conveyancing Lawyer in Malaysia: What They Do, Fees & How to Appoint One
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Hartanah
A conveyancing lawyer handles the legal side of buying, selling or transferring property in Malaysia — drafting and negotiating the Sale and Purchase Agreement (SPA), running title and bankruptcy searches, stamping and registering the transfer, and preparing loan or charge documents. Fees follow the Solicitors' Remuneration Order 2023 (SRO 2023): 1.25% on the first RM500,000 of the price, 1% on the balance, plus 8% service tax (SST). This guide covers what a conveyancing lawyer actually does, other names you may see them called, how much they cost, when to appoint one, and how to check that the lawyer you are about to instruct is properly licensed.
Quick summary
A conveyancing lawyer (also called a property lawyer, conveyancer or property solicitor) manages the SPA, searches, stamping and registration for a property transaction.
Legal fees follow the SRO 2023 scale: 1.25% on the first RM500,000, 1% on the balance, plus 8% SST. A discount of up to 25% is permitted on Schedule A/First Schedule fees — but not on every schedule (see below).
Buyer and seller each appoint their own lawyer; the buyer usually bears the SPA and transfer legal fees.
Appoint one as soon as your offer is accepted, before signing anything binding or paying a deposit directly to a seller or agent.
Always confirm the lawyer holds a current Practising Certificate with the Malaysian Bar, and that the firm carries Professional Indemnity Insurance (PII).
What is a conveyancing lawyer?
A conveyancing lawyer is the legal practitioner who carries out a property conveyance — the legal transfer of ownership of real property from one party to another, including the granting or removal of encumbrances such as a charge or mortgage over the title. Aside from "conveyancing lawyer", you will also see the same role called a property lawyer, a conveyancer, or a property solicitor. They carry the same responsibilities within the real estate practice area, and in Malay are commonly referred to as a peguam hartanah or peguam conveyancing.
What does a conveyancing lawyer actually do?
A conveyancing lawyer manages the full legal side of a property transaction, from the moment an offer is accepted through to registration. Their core work includes:
Drafting and negotiating the SPA to protect your interests as buyer or seller.
Conducting official searches — land title and winding-up/bankruptcy searches — to confirm the true owner and check for any encumbrances, caveats or restrictions.
Holding the deposit and balance as stakeholder until the transaction completes safely.
Preparing and stamping the Memorandum of Transfer (Form 14A) and any loan or charge documents.
Obtaining consent where required — for example for Malay reserve land, low-cost units, or where a developer or state authority consent is needed.
Liaising with the bank on the loan or financing documentation if the purchase is bank-financed.
A conveyancing lawyer also handles tenancy and lease agreements for land, houses or commercial premises, and can act on transfers made by way of sale and purchase (including a subsale between an existing owner and a purchaser), transfers between living parties by way of gift, or a transfer arising from a bank auction where an owner has defaulted on financing.
How much do conveyancing legal fees cost in Malaysia?
Conveyancing legal fees are fixed by law and are not negotiable firm-to-firm — every licensed firm in Malaysia must charge the same base rate under the SRO 2023 scale, gazetted 12 July 2023.
Consideration / loan amount | Rate |
|---|---|
First RM500,000 | 1.25% (minimum RM500) |
RM500,001 – RM7,500,000 | 1.0% on the balance |
Exceeding RM7,500,000 | Negotiable on the excess |
The scale is applied separately to the SPA/transfer (on the property price) and to the Loan Agreement (on the loan amount), with 8% SST added on top of the fee. A discount of up to 25% is permitted on First/Third Schedule (Table A) fees. That discount does not extend everywhere — no discount is permitted on the Fourth Schedule, which governs discharge of charge and deed of reassignment work, so a discharge of charge fee is identical at every firm. See our discharge of charge legal fees breakdown for what can genuinely differ between quotations. On top of legal fees you also pay disbursements (searches, registration) and stamp duty on the transfer and loan, governed separately under the Stamp Act 1949.
When should you appoint a conveyancing lawyer?
As early as possible — ideally the moment you decide to buy or sell, and before paying any booking deposit directly to a seller or agent. Appointing your own lawyer, with no middleman, ensures the lawyer acts for you and not for the agent. Buyer and seller each appoint their own lawyer; under the Legal Profession Act 1976, one lawyer cannot represent both sides in the same transaction. The buyer usually bears the SPA and transfer legal fees, while the seller separately engages a lawyer mainly for a discharge of charge if an existing loan needs to be redeemed.
How do I know if a conveyancing lawyer is licensed and legitimate?
A conveyancing lawyer must be an advocate and solicitor who has complied with the requirements of the Legal Profession Act 1976 and is regulated by the Malaysian Bar Council. Before instructing anyone, check two things:
Bar Council search: search the lawyer's name on the Malaysian Bar's website to confirm the lawyer and firm are registered and currently practising.
Practising Certificate: a lawyer's Practising Certificate (sijil annual) is not valid indefinitely — it must be renewed every year. If it lapses, the lawyer is not permitted to carry out any transaction or perform work as a lawyer.
You should also confirm the firm carries Professional Indemnity Insurance (PII), which is compulsory under Section 78A of the Legal Profession Act 1976. Under the Malaysian Bar PII Scheme, PII protects clients against civil liability for claims arising from legal work performed by the firm, including damages and costs — so if something goes wrong with the transaction due to the lawyer's conduct, you have a route to compensation.
How do I appoint a conveyancing lawyer?
You can find a conveyancing lawyer through the Bar Council's solicitor directory, a recommendation from family or friends, or your bank's panel list. Once you have a shortlist, ask each firm for a written quotation covering the legal fee scale plus disbursements (search fees, registration fees and other payments to the relevant authorities). Once you are agreeable to the quotation, you formally appoint the lawyer by signing a warrant to act — without it, the lawyer will not commence work on your matter. Some firms may also require a deposit before starting.
What's the difference between a lifetime transfer and a transfer on death?
Property transfers generally fall into a few categories your conveyancing lawyer will identify at the outset: an inter vivos transfer (a transfer made between living parties, such as a subsale or a love-and-affection transfer), a transfer through a sale and purchase agreement — whether under the Housing Development Act from a developer to a purchaser, or a subsale between an existing owner and a purchaser — and a transfer by way of auction, which typically occurs when an owner defaults on bank financing and the property is auctioned to recover the debt. Each category follows a different legal process, so identifying which one applies is one of the first things your lawyer should confirm.
Frequently Asked Questions
What does a conveyancing lawyer do?
Prepares the Sale and Purchase Agreement, conducts official searches, handles stamp duty, perfects the transfer (Form 14A) and liaises with the bank on loan documentation.
How much are conveyancing legal fees in Malaysia?
On the SRO 2023 scale: 1.25% on the first RM500,000 and 1% on the balance, plus 8% service tax. A discount of up to 25% is permitted on First/Third Schedule fees, but not on the Fourth Schedule, which covers discharge of charge.
When should I appoint a conveyancing lawyer?
As soon as your offer is accepted and before signing anything binding, so your interests are protected from the start.
How do I check if my conveyancing lawyer is properly licensed?
Search the lawyer's name on the Malaysian Bar's website and confirm they hold a currently valid Practising Certificate, renewed for the current year.
Is a conveyancing lawyer the same as a property lawyer?
Yes. Conveyancing lawyer, property lawyer, conveyancer and property solicitor all refer to the same role within real estate practice.
Need an experienced conveyancing lawyer?
Getting the conveyancing right protects the transaction — the transfer and charge instruments are registered under the National Land Code 1965, and a single defect in the title chain or the stamping can stall registration for months. At ASCOLAW (Tetuan Akmal Saufi & Co), our property lawyers have handled thousands of subsale, LPPSA and bank-financed transactions. “People often ask why they need a conveyancing lawyer at all. The honest answer is that a single defect in the title chain or the stamping can stall registration for months — getting it right the first time is the whole value.” — Akmal Saufi Mohamed Khaled, principal of ASCOLAW (Tetuan Akmal Saufi & Co). Start with a short consultation to get a clear cost estimate and a step-by-step plan. Get a quote & speak to a conveyancing lawyer here.
This article is for general information only and does not constitute legal advice. Every property transaction is unique. Please obtain specific advice from a licensed lawyer before acting on any part of it.
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Penulis
AKMAL SAUFI MOHAMED KHALED
Managing Partner & Founder
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