Article Highlights
- Public holidays between 25 December and 1 January automatically push settlement dates to the next business day, potentially creating timing complications for property transactions.
- Pre-settlement inspections and defect notices during the Christmas period face practical challenges, as tradies and service providers are typically unavailable for quotes or repairs.
- Adding a holiday deferment clause to contracts signed in November or December can prevent settlement over Christmas complications and ensure smoother property transactions.
(Applies to contracts governed by the 2022 Joint Form of General Conditions (JFGC) and REIWA annexures)
Why it matters
Every December, contracts that seem watertight start to fray at the edges.
When you’re planning settlement over Christmas, finance dates, inspection clauses, and settlement days that land in the week between Christmas and New Year look fine on paper. But in practice, they fall right into WA’s annual lull.
Over this period, many settlement-related organisations (banks, brokers, conveyancers, and real estate agents) operate on skeleton staff.
RevenueWA closes completely from 24 December to 2 January, and public holidays on 25 and 26 December (Christmas Day and Boxing Day) and 1 January (New Year’s Day) remove three working days from the calendar.
The Joint Form of General Conditions doesn’t pause for Christmas.
Clause 26.8(i) states that “if something must be done by or on a day which is not a Business Day, the day by or on which that thing must be done is the next Business Day.”
That simple rule quietly shifts dozens of due dates into the dreaded between-Christmas-and-New-Year netherworld — sometimes without anyone realising until it’s too late.
The scenario
Contract date:
21 November 2025
Finance due:
Within 21 days of contract → 12 December 2025
Finance approved early:
5 December 2025 (14 days from contract)
Settlement due:
Within 21 days of finance approval → 26 December 2025
Per Clause 26.8(i)
26 December is a public holiday, so settlement automatically rolls to Monday 29 December 2025.
Timber pest & building annexures:
Both due within 14 days of finance approval → 19 December 2025.
Major Structural Defect identified:
Buyer issues notice on day three of the allotted three Business Days, landing Christmas Eve (24 December 2025).
The problems
Clause 5.1–5.2: The buyer’s pre-settlement inspection window
Under Clause 5.1(a) of the JFGC, buyers are entitled to one inspection within five Business Days before the Possession Date (usually settlement).
Those five Business Days, counting back from 29 December, are 18, 19, 22, 23 and 24 December 2025.
That means inspections are happening right before Christmas, when sellers are cleaning, packing, and prepping for their final Christmas party in the old place — not ideal timing for anyone.
And if there are repairs that arise from the pre-settlement inspection, good luck finding a tradie who’s prepared to pack up the camper trailer and come back to Perth to fix it.
The inspection and annexure squeeze
By 19 December, buyers also need to have completed their building and pest inspections.
If those reports identify major structural defects, the buyer can issue a notice within three Business Days — which falls on 24 December.
Here’s the catch: the seller then has five Business Days to respond (to agree to repairs or not), but because 25 and 26 December are public holidays, those five days now spill into the week starting Monday 29 December.
That means a seller could be forced to decide whether to repair or not without access to a single tradesperson for a quote — because most tradies are already in Lancelin sinking red tins.
That’s the real-world risk: you can’t get the information you need to make a contractual decision.
But it gets worse. The 29th is settlement day leaving no time to complete any structural repairs.
Who this impacts (and how)
For buyers
- Your inspection window will be just before Christmas. Expect to view a home that’s decorated in an awkward mix of bonbons and packing boxes.
- If a building report triggers a defect notice, it’s likely to land right as trades shut down. Repairs can’t be quoted or assessed until January.
- If settlement rolls into 29 December, your lender and settlement agent may have limited support until the new year.
For sellers
- You may be left with no time to make any repairs that arise out of a major structural defect notice while every tradie you know is on leave.
- If you’re vacating for a 29 December settlement, you’ll need removalists and cleaners during the busiest — and slowest — week of the year.
For agents
- You’re the conductor holding all of this together.
- Clients rarely appreciate how “within 21 days” can turn into The Nightmare Before Christmas.
- This is where proactive drafting matters — flag these issues before they become stress points.
Drafting smarter: Keep settlements out of the Christmas-holiday gap
If the calculated date for Settlement falls on any day from 19/12/2025 to 01/01/2026 inclusive, that date is deemed to be 05/01/2026.Key takeaways
Check your dates early.
Use a calendar, not guesswork. Anything signed from the start of November onward should be checked for how its timeframes cross the holiday gap.
Remember Clause 26.8(i).
Non-Business Days push forward automatically. That can silently change your settlement and inspection dates.
Plan inspections with real life in mind.
Nobody wants a final inspection in the week of Christmas Eve.
If defects appear, know your limits.
The seller’s response period can overlap public holidays. They may have to decide without quotes — it’s a pressure point worth avoiding through date management.
Add a holiday clause for contracts written in November or December.
It’s the cleanest way to keep everyone calm — and the file compliant.
Plan for the unexpected.
What happens to the settlement date if finance is approved earlier than the date specified?
Final word
Christmas shouldn’t be the reason a good deal turns stressful.
The JFGC doesn’t stop for the holidays, but your drafting can.
A single clause, clear scheduling, and awareness of public-holiday rules will keep your December contracts steady — so the only surprises come wrapped under the Christmas tree.
For expert property conveyancing support during the holiday period and year-round, contact the team at Rezzi.
Frequently asked questions
- Confirm availability of all parties early on
- Build in buffer time where possible
- Avoid scheduling settlement dates between Christmas and New Year, if flexibility allows
- Banks are closed, so funds can’t be transferred
- Landgate (WA’s land titles office) is also closed, so title registration can’t be processed
