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

Once your offer is accepted, someone has to prepare the transfer, register your mortgage, handle the money and make sure you receive clear title. In British Columbia, that person can be a lawyer or a notary public, and buyers often ask which they should choose.

Both are trained and regulated, and both handle residential purchases every day. The difference lies in the scope of what each is legally permitted to do. This guide sets out that difference factually, so you can match the professional to your purchase.

The short answer: both can handle a standard purchase

In BC, notaries public do real estate work as well as lawyers. Under section 18 of the Notaries Act, a notary in good standing may draw instruments relating to property that are intended to be registered in a public registry. That covers the core documents of a home purchase, such as the transfer of title and the mortgage, which are registered at the land title office.

Lawyers can do the same work. Under the Legal Profession Act, the "practice of law" includes drawing documents relating to real estate that are to be registered, and section 15 reserves the practice of law to practising lawyers, with listed exceptions. The definition expressly excludes the lawful practice of a notary public, which is why conveyancing is shared ground.

In practice, nearly every BC home purchase is handled by one or the other. For a straightforward purchase of a house or condo with a mortgage, either can prepare and register your documents.

What either one does on your purchase

Whoever you choose will usually review the contract terms that affect closing, search title, prepare the transfer and mortgage, prepare the statement of adjustments, take your funds into trust, register the documents and release the purchase funds to the seller's lawyer or notary. Our article on what your real estate lawyer does before completion day walks through those steps in order, and our guide to closing costs on a BC home purchase covers the amounts to budget for.

Where the two roles differ

The difference is the overall scope of practice. A notary's authority is the list in section 18 of the Notaries Act, which includes property instruments, contracts and other mercantile instruments, certain wills, affidavits and powers of attorney, and duties authorized by other statutes. The practice of law under the Legal Profession Act is broader. It includes giving legal advice generally and appearing as counsel or advocate in court.

For a buyer, that difference tends to show up in three situations:

• When the deal goes wrong. If the seller will not complete, a deposit is in dispute, or a defect or title problem surfaces, you may need advice on your legal rights and, sometimes, a court application. A lawyer can advise on that dispute and act for you in it. A notary would generally refer you to a lawyer at that point. See our guide on when a real estate deal collapses in BC.
• When ownership needs structuring. Buying with a partner, friends or family, receiving a gift or loan from parents, or buying through a company or trust can raise family law, estate and tax questions that go beyond preparing documents. Our article on parents helping with a down payment shows how quickly those questions arise.
• When the purchase is unusual. Presale contracts and assignments, estate sales, properties with unregistered interests, or transactions tied to a separation or a business all benefit from early legal advice.

None of this means a notary is the wrong choice for a routine purchase. It means it is worth thinking about how routine your purchase really is.

A simple way to decide

Start with your purchase, not the title on the door. If you are buying a resale home or condo on your own or with a spouse, with ordinary bank financing and no unusual terms, the work is mainly preparing, signing and registering documents, and either a lawyer or a notary can do it.

If any of these apply, legal advice is likely to be part of the job, and a lawyer's broader scope can save you from having to bring in a second professional later:

• More than one buyer who is not your spouse, or a family member contributing money without going on title.
• Unusual contract terms, such as a long or staged completion, a vendor-financed price, or subjects you are unsure how to remove.
• Signs of a problem, such as a seller who is slow to respond, a dispute over the deposit, or a title search that shows something unexpected.

Whichever you choose, hire them early. Having the contract reviewed before you remove subjects is usually simpler than fixing a problem afterwards.

Questions to ask whoever you hire

• Who will handle my file day to day, and how quickly will I get documents to review before signing?
• What is included in the quoted fee, and what disbursements, such as title searches and registration fees, will be added?
• How often do you handle my type of property, for example strata, presale or rural property?
• If something goes wrong before or after completion, can you advise me on it, or who will?

Regulation is changing

Today, lawyers are regulated by the Law Society of British Columbia and notaries by the Society of Notaries Public of British Columbia. The Province passed the Legal Professions Act in 2024 to bring lawyers, notaries and a regulated category of paralegals under a single regulator. According to the Law Society, the Act is not yet in force: the BC Supreme Court dismissed the Law Society's constitutional challenge on April 29, 2026, and appeals are scheduled to be heard together in the BC Court of Appeal on November 16 and 17, 2026. For now, the scope of practice described above is the law that applies to your purchase.

Buying a home in BC? Talk to us before you remove subjects

Our real estate lawyers can review your contract, handle the conveyance from title search to registration, and advise you on ownership structure or a dispute if one arises during the purchase.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.