How to Notarise Real Estate Contracts in Australia

To notarise a real estate document in Australia, you normally sign it before a notary, who verifies your identity and completes a notarial certificate. DFAT legalisation follows only if the receiving authority requires it. This is mainly relevant to property overseas; Australian transactions are normally handled by a conveyancer or lawyer without a notary.

Key takeaways

• A typical Australian sale, purchase or lease does not need a notary. Your conveyancer or lawyer handles identity checks and lodgement.
• A notary becomes relevant when the property is overseas and a foreign registry, notary or bank requires a notarised signature or power of attorney.
• If you are overseas and the property is in Australia, your conveyancer will tell you how identity and signing must be done where you are.
• Notarisation does not by itself make a property contract valid or enforceable. Reviewing its terms is separate legal work, so obtain advice from the appropriate property lawyer.
• After the notary, DFAT may issue an apostille or authentication certificate if the receiving authority requires legalisation.

Does notarisation make a property contract legally binding?

Many pages say notarisation makes a property contract "legally binding", "harder to challenge in court" or is a requirement before a title transfer can be registered in Australia. None of that reflects how Australian property transactions work. A contract for the sale of land is binding because of contract and property law and the formalities each state sets, not because a notary saw it signed. Australian land registries do not generally require notarised transfers.

In most states, many transfers and mortgages are lodged electronically, and the conveyancer or lawyer acting for you verifies your identity and signs under your written authority. For example, the NSW Registrar General's eConveyancing guidance says participants must verify identity, establish the right to deal and obtain express authorisation. The rules and exceptions differ by jurisdiction, so follow your conveyancer's instructions. For most Australians buying or selling a home here, the answer to “do I need a notary?” is no.

When does a notary become relevant?

The question that decides whether a notary is involved is not the type of document. It is where the property is and where the signer is.

What if the property is overseas and you are in Australia?

This is the main situation. You own, inherit, buy or sell property in another country and you live in Australia. The foreign land registry, the foreign notary handling the deed, or the foreign bank wants your signature notarised. Common documents include:

• a power of attorney so a relative or lawyer can sign the deed for you locally;
• a consent, declaration or affidavit the foreign registry requires;
• a signed sale or purchase contract, where the foreign system accepts signing abroad;
• documents for a foreign mortgage or its discharge;
• inheritance or succession papers relating to land overseas.

In many civil-law countries, such as Italy, Spain, Greece and much of Latin America, a local notary drafts the property deed and is responsible for its content. The Australian notary does not play that role. In practice the Australian notary usually attests your signature on a power of attorney or declaration prepared by the foreign lawyer or notary, and the foreign professional completes the transaction there. See selling property overseas from Australia and international powers of attorney.

What if the property is in Australia and you are overseas?

If you are selling or buying Australian property while living abroad, your Australian conveyancer or lawyer will explain how your identity must be verified and how you sign from where you are. Depending on the arrangement, that may involve an Australian embassy or consulate, a notary in the country where you live, or another method the conveyancer accepts. An Australian notary cannot attest a signature made overseas. See getting an Australian document signed from overseas.

Do leases and co-ownership agreements need a notary?

A residential or commercial lease of Australian property is governed by state law and usually needs no notary. The same is true of most co-ownership agreements between Australians. If a lease or agreement will be relied on by a foreign party, a foreign bank or a foreign court, the receiving side may ask for notarisation, and then the usual chain applies. See lease agreements and notaries.

What does an Australian notary do with a property document?

Notarial act	Typical property use	What it confirms
Attesting a signature	Power of attorney or declaration for a foreign deed	Who signed, their identity, that they signed freely before the notary
Certifying a copy	Title documents, identity documents, death certificates for succession	That the copy matches the original the notary sighted
Administering an oath	Affidavit about ownership, heirs or marital status	That the person swore or affirmed the statement before the notary
Company execution	A company buying or selling land overseas	The signer's identity and, where checked, their authority to bind the company

In the notarial act described here, the notary does not certify that every statement is true or approve the sale terms. Whether a power of attorney is wide enough, too wide or effective under foreign law is a separate advice question for a lawyer in the country where the property is. A notary who is also engaged as a lawyer may advise on Australian law under a separate scope.

How does the process work?

1. Get the foreign requirements in writing from the lawyer, notary or registry overseas: which document, in which language, signed how, with apostille or embassy legalisation, and whether a translation is needed.
2. Have the document prepared there, where the foreign system dictates the form. A power of attorney drafted in Australia may not work for a foreign registry.
3. Understand what you are signing. If it is in a language you do not read, arrange a translation or an independent interpreter first.
4. Send it to the notary beforehand, with the instructions, so the notary can prepare the right certificate.
5. Attend with the unsigned document, current photo ID and any evidence of a change of name or marital status the foreign side needs.
6. If required, lodge with DFAT for the certificate specified by the receiving authority, followed by any required embassy or consular step.
7. Send the original overseas by a tracked method, keeping copies of every page.

When are DFAT and an embassy involved?

DFAT is Australia's authority for apostille and authentication certificates; a notary does not issue them. For a notarised document, the DFAT certificate verifies the notary's signature, stamp or seal, not the document's contents. The required route depends on the receiving authority, whether the Apostille Convention applies between Australia and the destination, and any embassy procedure. Treaty relationships and procedures change, so check the HCCH status table and obtain current written instructions. DFAT's fees, eligibility rules and lodgement options are on Smartraveller, and our apostille and authentication page explains the Australian step.

What should you bring?

Foreign land registries are often strict about names. If the property was registered in a maiden name, or your passport spells your name differently from the title, bring the marriage certificate, change of name certificate or other evidence linking the two. The foreign lawyer may also want the notary to certify copies of those documents.

Can you sign a property document remotely?

Do not assume so. Permission to witness certain documents by audiovisual link does not automatically permit every notarial act, and rules differ by state and territory. The notary must confirm that the particular act is professionally and legally permitted in their jurisdiction; the foreign land registry must also accept the method. The Society of Notaries of New South Wales currently says notaries cannot witness document signing by Zoom. Many foreign property systems still expect in-person execution. Confirm both sides before arranging anything. See the NSW society's current notice and our guide to online notarisation in Australia.

Common mistakes with overseas property papers

• Using a generic power of attorney form. A form downloaded in Australia may not meet the foreign registry's requirements, and the whole chain then has to be repeated.
• Signing before the appointment. The notary must see you sign, so a document signed at home usually has to be signed again.
• Using a Justice of the Peace when the checklist asks for a notary. DFAT does not legalise a JP's certification, and it is not a substitute for an Australian notary when the foreign registry requires one.
• Translating at the wrong point. Some countries want the translation before the apostille, others after, and some want none because the document is already in their language.
• Sending the only original without copies. Keep a complete copy of every page, including the notarial certificate and the apostille, before the document leaves Australia.

Each of these costs a repeat of at least one step, and sometimes the whole chain. A short email to the foreign lawyer before the appointment prevents most of them.

How might an overseas-property matter work?

A couple in Perth inherit a share of a farmhouse in Tuscany. The Italian notary handling the sale sends a power of attorney in Italian so a cousin can sign the deed in Italy on their behalf. The couple have it translated first and find it lets the cousin accept any price without asking them. They ask for a minimum price to be written in. They then sign the revised document before a notary in Perth, bringing their passports and the wife's marriage certificate, since the Italian records use her maiden name. After checking the HCCH table, they lodge it with DFAT for an apostille, and the original goes to Italy by courier. Nobody in Australia registers or approves anything about the farmhouse.

How much does property-document notarisation cost?

The quote depends on the document, number of signers and copies, certificate preparation, company or authority checks, translation or interpreter needs, and any urgent or mobile attendance. DFAT, embassy, translation and courier charges are separate. Send the complete document and foreign instructions before booking so the notary can identify the work and provide a useful quote.

If a company, attorney or executor signs, allow for time to examine authority documents. A foreign lawyer may also request particular certificate wording, binding or seals. Those requirements can change the scope even when the underlying power of attorney is short.

In short

For property in Australia, a conveyancer or lawyer normally handles everything and no notary is needed. For property overseas, an Australian notary attests your signature, usually on a power of attorney or declaration prepared by the foreign lawyer, and DFAT then confirms the notary. Get the foreign instructions in writing, understand what you sign, and see a lawyer in that country about whether the document does what you want.

Related questions

• When does a contract need to be notarised?
• How is a property title deed notarised?
• How is a power of attorney notarised for overseas use?
• What documents do I need for an inheritance overseas?
• How are Italian documents handled from Australia?

Send us the complete property document and written foreign instructions, with the destination country, number of signers, your location and deadline. We can identify the notarial step and explain what remains for DFAT, an embassy, translation or courier before you book.