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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 10 numbered sources at the end of this page

In short. Settlement is when the balance of the price is paid, the seller's mortgage is discharged and the transfer is lodged, so the land can be registered in the buyer's name7. Many settlements now happen in an online workspace instead of a meeting 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 talk about keys "on settlement" and not at a set hour.

What happens between signing and the day?

  1. You sign, and where a cooling-off period applies the clock starts: 5 business days from exchange in NSW2, 3 clear business days from signing for a Victorian private sale4.
  2. The deposit your contract sets is paid and held. In Victoria it is held in trust by the agent or by the seller's legal practitioner or conveyancer until settlement5.
  3. Your conveyancer orders searches and reviews the title, the plan and any certificates.
  4. Your lender values the property and issues loan documents. Allow time for this step.
  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?

The representatives on both sides and the banks join a shared online workspace, where the documents are prepared, signed and lodged. SRO Tasmania describes it as a way to create and sign transfers, pay duty, complete the financial settlement and lodge with the land titles office, and names PEXA as the approved network there and elsewhere in Australia10.

For you it means three things: the settlement time is a booked slot, not a meeting, the platform fee appears in your disbursements, and nobody needs to meet in person with bank cheques.

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 your conveyancer for the settlement figures before the day and read them. They show what is being paid, to whom, and how the rates and other adjustments were worked out, and before settlement is the easiest time to query a mistake.

Which clocks start on settlement day?

If you claimed first home relief, the residence conditions run from settlement, and they are binding conditions. 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 Victoria3; Queensland Revenue Office6; RevenueSA8; ACT Revenue Office9.
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

If you are thinking of renting the place out before you move in, raise it with your conveyancer or solicitor before settlement. In Queensland, for example, leasing the whole property before you move in can cost you the concession6. This is general information, not advice about your own plans.

What if settlement runs late?

It can happen, for example when loan funds are not ready in time. Contracts often provide for interest or other consequences when a party is not ready on the due date, and the amounts come from your contract, not from 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.