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Settlement: what happens and what you pay

Settlement day is mostly other people's work. Knowing the order it happens in tells you which questions to ask, and when it is too late to ask them.

Checked 11 numbered sources at the end of this page

In short. Settlement is when the money is exchanged for the title and the transfer is lodged. The Queensland Government describes conveyancing as the process after the contract is signed that ensures The Queensland Government describes conveyancing as the process after the contract is signed that ensures the land is registered in the buyer's name at the government's land title office8. Most settlements now happen in an online workspace rather than in a room.

Who meets in an electronic settlement Both sides' representatives and both banks meet in an electronic workspace, the funds move, and the transfer is lodged for registration. Electronic settlement workspace Buyer's conveyancer or lawyer Seller's conveyancer or lawyer Buyer's lender releases the loan Seller's lender discharges a mortgage Transfer lodged The land titles office then registers the buyer as owner
Both sides' representatives and both banks meet in an electronic workspace, the funds move, and the transfer is lodged for registration.

What actually happens at settlement?

Your lender releases the loan funds, the seller's lender discharges their mortgage, the balance of the price is paid, and the transfer documents are lodged so the land titles office can record you as the owner. The keys are released when that is done, which is why agents say "on settlement" rather than a time.

What happens between signing and the day?

  1. You sign, and where a cooling-off period applies the clock starts: 5 business days2 in NSW, 3 clear business days5 for a Victorian private sale.
  2. The deposit is paid and held. In Victoria it may sit in trust with the seller's legal practitioner or conveyancer6; in NSW it can be staged, 0.25% on exchange, usually 9.75% after3.
  3. Your conveyancer orders searches and reviews the title, the plan and any certificates.
  4. Your lender values the property and issues loan documents. This is the step that most often runs late.
  5. Figures are agreed with the other side, including adjustments for rates and other periodic charges.
  6. Settlement happens, the transfer is lodged, and duty is dealt with as part of the transaction.

The gap between signing and settlement is usually a matter of weeks and is set by your contract, not by law. Ask what yours says before you plan a removalist.

How does electronic settlement work?

Everyone joins a shared online workspace instead of meeting with cheques. Access Canberra explains that electronic conveyancing lets Access Canberra explains that electronic conveyancing lets legal practitioners and financial institutions create, sign and lodge documents online, and that the ACT uses PEXA11, and names the platform used there.

For you it means three things: the settlement time is a slot rather than a meeting, the platform fee appears in your disbursements, and funds usually clear faster than the old cheque exchange allowed.

What falls due on the day?

  • The balance of the purchase price, less the deposit already paid.
  • Transfer duty, unless it has already been paid, worked out from your state's schedule. The calculator gives the figure.
  • Your conveyancer's professional fee and the disbursements they have paid on your behalf.
  • Adjustments so that rates and similar charges are split between you and the seller at the settlement date.
  • Your lender's own fees, where your loan carries them.

Ask for the settlement statement in advance and read it. It is one page, it lists every number, and it is the last point at which a mistake is cheap to fix.

Which clocks start on settlement day?

If you claimed first home relief, the residence conditions run from settlement, and they are conditions rather than suggestions. Miss one and the revenue office can reassess the duty you did not pay.

Residence conditions that start at settlement Timeline in months after settlement showing the window to move in and the minimum stay for first home buyers in New South Wales, Victoria, Queensland, South Australia and the ACT. Window to move in Minimum stay, moving in late New South Wales Move in within 12 months, live there 12 Victoria 12 continuous months within 12 months Queensland Move in within 1 year of settlement South Australia 6 continuous months, starting within 12 ACT Live there 12 months, starting within 1 year Settlement 6 months 12 months 18 months 24 months
Residence conditions that start at settlement. Queensland also bars selling, leasing or giving exclusive possession of the whole property during that first year. Source: Revenue NSW1; State Revenue Office Victoria4; Queensland Revenue Office7; RevenueSA9; ACT Revenue Office10.
Chart data
JurisdictionMove in withinThen live there for
New South Wales 12 months of settlement At least 12 months
Victoria 12 months of settlement At least 12 months
Queensland 12 months of settlement No minimum stated on the source page
South Australia 12 months of settlement At least 6 months
ACT 12 months of settlement At least 12 months

Planning to rent the place out for six months first, then move in? That decision belongs in a conversation with your conveyancer before settlement, not after the tenant moves in.

What if settlement runs late?

It happens, usually because loan funds are not ready. Contracts normally provide for interest or other consequences when a party is not ready on the due date, and the amounts are set by your contract rather than by a general rule. Read that clause when you sign, not on the morning it bites.

Then keep the costs checklist beside you, so nothing on the day is the first time you have seen the number.