Does a 30 day settlement include weekends?

Does a 30 day settlement include weekends?

If you're staring at a contract and wondering whether your '30 day settlement' runs across Saturdays and Sundays, you're not alone. Short answer: in Victoria it usually does. In most contracts the 30 days are counted as calendar days. Weekends are included in the count. Settlement itself still takes place on a business day, and if your calculated date lands on a Saturday, Sunday, or a public holiday, it rolls to the next business day.

Quick Summary: The Essentials in One Minute

  • '30 days' means calendar days unless the contract expressly says 'business days'. Saturdays and Sundays count, and so do public holidays for the purpose of counting days
  • Settlement day still happens on a business day, within business hours. If your calculated day is a weekend or a public holiday, settlement happens on the next business day. Electronic settlements through PEXA do not run on weekends or public holidays
  • Victorian contracts lean on standard forms published for use by practitioners, and they define 'business day' by reference to the Sale of Land Act. That definition excludes Saturdays, Sundays, and statewide public holidays
  • Typical settlement windows are 30 to 90 days, negotiated when you sign. Adjustments for rates and charges are finalised at settlement

What '30 Days' Really Means in a Victorian Contract

When a Melbourne agent tells you the settlement is '30 days', they're talking about the length of the gap between signing and handover of the keys. Unless the contract actually uses the phrase 'business days', a period expressed as '30 days' is read as calendar days in ordinary practice. That's why the count ticks along over weekends.

Two further pieces make this work in the real world:

  1. Business day definition: The standard Victorian contract aligns 'business day' with the Sale of Land Act definition, which excludes Saturdays, Sundays, and Victorian public holidays
  2. Operational reality: Electronic settlement is the norm in Victoria. PEXA workspaces can be open any time, however financial settlement and lodgement run within weekday operating windows, and public holidays reduce or remove availability. That means actual settlement can only occur on a business day

Does a 30 Day Settlement Include Weekends? Yes, Here's Why

You count weekends for the purpose of reaching the date, then you settle on the next business day if the calculated date is not a business day. Think of it like a tram timetable: the days keep ticking along, but the service only runs during operating hours.

How to Count the Days: Step by Step Guide

  1. Confirm the 'day of sale': On the REIV and LIV standard form, the 'day of sale' is the date both parties have signed. Many contracts then set settlement as a fixed calendar date or a number of days from that day of sale
  2. If it says '30 days': Count thirty calendar days forward
  3. If the thirtieth day is a Saturday, Sunday, or a Victorian public holiday: Settlement occurs on the next business day during settlement hours

Real Examples for Melbourne Property Buyers

Example A Private sale in Brunswick: Both parties sign on 1 March. Thirty calendar days lands on 31 March. If 31 March is a Monday, you settle that Monday, within standard settlement hours.

Example B Auction in Box Hill with '30 days' in the particulars: The hammer falls and the contract is signed on 6 April. Thirty days later is 6 May. If 6 May is a Saturday, settlement happens on Monday 8 May. No one can force a Saturday settlement.

Example C Melbourne Cup week: Signed 7 October. Thirty days is 6 November. If that coincides with Melbourne Cup Day, a Victorian public holiday, settlement slides to the next business day. PEXA's public holiday settings reflect this. Plan your movers for Wednesday.

Why the Confusion Happens

Property contracts are full of time periods. Some are 'business days' only, like certain notice periods. Others, like settlement, are frequently expressed as simple 'days'. The difference matters. The contract itself is king, so always read precisely which word is used. Standard Victorian materials also make clear that 'business day' excludes weekends and statewide public holidays. If your contract uses 'business days', weekends do not count for that clause. If it says 'days', they do.

Can You Settle on a Weekend If Everyone Agrees?

No. Even if everyone is keen, you cannot complete settlement on a Saturday or Sunday because the electronic financial settlement environment and supporting systems operate on business days only. The platform's help centre sets out availability around public holidays, and support itself is weekday based. This is another reason to avoid a calculated date that lands on a weekend.

Melbourne Specific Traps to Avoid

Friday Cliff Edge

A Friday settlement can be convenient for annual leave, yet if the bank needs an extra document at 3.30 pm, you may be waiting until Monday. There is less room to fix anything late on a Friday. Many practitioners prefer mid week windows to reduce risk.

Public Holiday Clusters

Labour Day in March, the AFL Grand Final Friday holiday in late September, and Melbourne Cup Day in November are statewide public holidays. The industry platform adjusts availability around such dates, so if your 30th day lands close to a long weekend, plan for the following business day and book removalists accordingly.

Daylight Saving and Cut Offs

Daylight saving adjustments can change the practical cut offs in PEXA and banking channels. That's another reason not to push to the last minute on your due date.

What Consumer Affairs Victoria Says About Settlement

Consumer Affairs Victoria explains that the seller sets the settlement date in the contract, the period is usually 30 to 90 days, and that settlement is the formal process where the balance is paid, title passes, and outgoings are adjusted. That aligns with the on the ground reality for Melbourne buyers and sellers.

Planning Your Move: Practical Considerations

Picture it. You've booked removalists from a Canterbury terrace to a newbuild in Southbank. Your contract says '30 days'. You count forward and see the thirtieth day is a Saturday. You don't try to move on Saturday, you plan for Monday. You tell the agent your keys will be collected after the conveyancers confirm settlement has ticked over. You line up electricity and water reads for the Monday. If Monday is a public holiday, you plan for Tuesday. The goal, always, is to land your moving truck in the right street at the right hour.

Auctions vs Private Sales: Settlement Timing Differences

At auction, the settlement period is usually fixed in the auction contract and announced in the rules beforehand. '30 days' commonly means thirty calendar days. Private sales are negotiated and the particulars can be tailored. In either case, the safest approach is to set a specific calendar date in the contract. That removes counting misunderstandings and gives your broker, bank, and conveyancer a firm target.

What If Your Bank Isn't Ready on Settlement Day?

Under the standard LIV contract, settlement is a fixed legal deadline. If you're not ready to complete on the due date, you risk default, penalty interest, and potentially a notice to complete. The bottom line: give your broker and bank plenty of lead time, and avoid last minute changes. If a delay looks unavoidable, your conveyancer can try to negotiate a short extension, but it must be agreed in writing.

Frequently Asked Questions

Does a 30 day settlement include weekends?

Yes. You count weekends to reach the date. Settlement itself still happens on a business day and slides to the next business day if your calculated date is a weekend or public holiday.

Can we choose '30 business days' instead?

You can, however the contract must say 'business days'. In Victoria, 'business day' excludes Saturdays, Sundays, and statewide public holidays by reference to the Sale of Land Act. That makes the period longer in calendar terms.

When does the counting start?

The 'day of sale' on the standard form is when both parties have signed. Your contract may specify a fixed calendar date for settlement or a number of days from that day of sale. Check the wording in your particulars of sale.

What if the calculated day falls on Melbourne Cup Day?

You cannot settle on a public holiday. The date moves to the next business day. Book removalists and key collections for that day instead.

How long is a typical settlement in Melbourne?

Thirty to ninety days is common, set in the contract. Your conveyancer will also prepare rates and other outgoings adjustments to the settlement date.

Is there a cooling off period that changes the timing?

For most private sales there is a cooling off period of three clear business days from when you sign. This is separate to settlement and does not change how the 30 days are counted, however it does affect early decision points. There is no cooling off when you buy at auction.

Planning Checklist for a Smooth 30 Day Settlement in Melbourne

  • Lock the date in writing: Ask your conveyancer to set a specific calendar date in the contract, not just a number of days. That avoids miscounts and gives your bank a fixed target
  • Sense check the calendar: Avoid a calculated due date that lands on a public holiday or the Monday after a long weekend. If it does, plan for the next business day
  • Give your lender room: Banks, even with PEXA, work in business day windows. Supply documents early and avoid Friday afternoons for time critical steps
  • Book movers mid week: A Wednesday or Thursday window gives you a buffer if anything small needs fixing
  • Confirm key handover: Ask the agent to release keys only after the conveyancers confirm settlement, not before. That message saves arguments on the footpath outside the property

The Melbourne Factor: Why Local Knowledge Matters

This city runs on trams, sport, and public holidays. The AFL Grand Final parade Friday and Melbourne Cup Day can make the best plans wobble. The CBD can be busy, councils change counter hours, and banks tighten staffing on the edges of long weekends. That's why understanding how the 30 days are counted, and how settlement actually occurs, matters. You count thirty calendar days, then you respect the business day reality of the platforms and the banks.

Key Takeaways: 30 Day Settlement and Weekends

If you came here for a straight answer to 'does a 30 day settlement include weekends', here it is again. Yes, weekends are counted toward the thirty days. Settlement itself only happens on a business day, and if your calculated day falls on a weekend or public holiday, it moves to the next business day. Set a specific calendar date where you can, avoid long weekend edges, and give your finance team time to breathe. That's how you get the keys without the drama.

Need Professional Help?

Before you sign, let us review the contract and the Section 32 at no cost, so your timeline matches your life. If you're already under contract, we can still check the particulars and your lender's readiness, and steer you away from calendar traps.

Pearson Chambers Conveyancing  Email: contact@pearsonchambers.com.au