Do You Need a Lawyer or Notary to Buy a Home in BC?

Many buyers hear that someone must handle the paperwork when they buy a home in British Columbia, then wonder whether that has to be a lawyer, a notary, or whether they can do it themselves.

This article explains what the law says about each option, why a conveyancer is involved in nearly every purchase, and how to choose. It is general information and not a substitute for advice on your own file.

This article covers the law of British Columbia.

What the law requires

Only a practising lawyer may practise law, with listed exceptions. The definition of the practice of law includes drawing, revising or settling an instrument relating to real or personal estate that is meant to be registered in a public registry, but it excludes the lawful practice of a notary public.

One of the listed exceptions is an individual party acting without counsel solely on their own behalf. So the law does not forbid a buyer from acting for themselves. In practice, the registered documents are normally prepared and filed by a lawyer or notary.

What a notary can and cannot do

A notary public who is enrolled and in good standing may draw instruments relating to property that are meant to be registered, recorded or filed in a registry or other public office. That means notaries can prepare transfers and mortgages for registration.

A notary's powers are tied to the Notaries Act and to duties authorized by other Acts. Notaries may draw only certain wills, and a member not in good standing must not act as a notary. Acting without authorization is an offence, with a fine of up to $2,000.

If your purchase involves anything unusual, such as a complicated ownership structure, a dispute over the contract, or a question about tax, ask which professional is suited to it before you hire.

Who usually handles the title transfer and tax return

The buyer, called the transferee, must pay property transfer tax and file a return when applying to register a taxable transaction at a land title office. The registrar may refuse an application if there are reasonable grounds to believe the tax is unpaid or the return is incomplete or unfiled.

Buyers usually have a legal professional file the return with the transfer, and because the tax is a closing cost it is normally paid through the conveyancer on completion. Applications can also be submitted electronically by the applicant, the applicant's solicitor or agent, or a person they authorize. The director may also direct that certain documents be submitted only electronically, and if so they cannot be submitted another way unless the registrar decides otherwise.

Who may e-file a particular document can depend on those directions, so ask your conveyancer how your transfer will be filed.

Practical differences when you choose

Both professions can prepare registrable property documents, so the choice often comes down to the facts of your purchase and how comfortable you are with the contract and tax questions. Think about whether you want advice on the contract before you remove subjects, and whether your situation has complications.

• Ask whether they will review the contract before you remove subjects.
• Ask how and when they will handle property transfer tax.
• Ask what happens if a closing problem comes up.
• Confirm they are in good standing before you sign anything.

If a tax exemption might apply, make sure your conveyancer knows early. For example, if only some co-buyers qualify as first-time buyers, only their ownership share is exempt, and the legal professional applies the exemption on the return.

What to do next

• Decide whether you will hire a lawyer or notary, and do it before you remove subjects.
• Tell them early about co-buyers, exemptions and your funding.
• Send them a copy of the signed contract and any strata documents.
• Ask what they need from you and by when.
• Keep copies of everything you sign.
• Speak with a lawyer if you are thinking of acting without a conveyancer.

Frequently asked questions