Property guide  ·  NSW

Buying or selling property in NSW over Christmas and New Year

Buying or selling property over Christmas in NSW? Learn why the days between Christmas and New Year usually still count as business days, and how that affects cooling-off, settlement and notices to complete.

Summer can be a great time to buy or sell. But buying or selling property over Christmas and New Year in NSW brings some extra risks.

Many agents, banks, lawyers and conveyancers close or run on reduced staff. Yet the legal clock on your contract often keeps running. This guide explains how the holidays affect settlement, cooling-off and notices to complete, and what you can do to plan ahead.

Updated October 2026 to reflect current law.

Why is the Christmas period harder for property deals?

Every property deal relies on several people working together. Over the holidays, many of them take a break.

• Real estate agents. Many agencies close or slow down. Fewer properties are open for inspection, so the market is usually quieter.
• Banks and lenders. Many work with reduced staff. Loan approvals and mortgage discharges can take longer. Ask your lender or broker about their holiday cut-off dates.
• Lawyers and conveyancers. Many offices close for a week or two. It can be harder to get advice, review a contract or arrange settlement.

Because of this, many buyers and sellers try to settle before the last working days before Christmas, or push settlement into mid-January.

Are the days between Christmas and New Year business days?

Usually, yes. This surprises many people.

The standard NSW contract (the Law Society and REINSW Contract for the sale and purchase of land) defines a “business day” as any day except a Saturday, Sunday, or a bank or public holiday throughout NSW. The Interpretation Act 1987 (NSW) uses a similar definition. Neither treats 27 to 31 December as non-business days just because it’s the holiday season.

So only weekends and public holidays are excluded. For the 2026 to 2027 break, the NSW public holidays are:

You can check the official list on the NSW Government public holidays page.

Under the standard contract, if the time to do something falls on a day that isn’t a business day, it usually moves to the next business day. But days like 29, 30 and 31 December still count.

How does the Christmas break affect the cooling-off period?

Under the Conveyancing Act 1919 (NSW), a buyer of residential property usually has a cooling-off period ending at 5pm on the fifth business day after the contract is made. For an off-the-plan contract, it’s the tenth business day. If you cool off, you forfeit 0.25% of the price.

Here’s an example. If you exchange on Wednesday 23 December 2026, the business days are:

1. Thursday 24 December (day 1)
2. Tuesday 29 December (day 2)
3. Wednesday 30 December (day 3)
4. Thursday 31 December (day 4)
5. Monday 4 January 2027 (day 5)

Your cooling-off period would end at 5pm on Monday 4 January 2027. Most of it runs while many offices are closed. If you need building reports or finance advice in that time, it can be hard to arrange.

A holiday shut down clause in the contract generally doesn’t change the cooling-off period, because the period is set by law. Learn more in our guide to the cooling-off period in NSW.

Holiday shut down clauses and settlement dates

The standard contract usually sets settlement (called “completion”) for the 42nd day after the contract date, unless a different date is agreed. Exchanging in mid-November can easily put settlement in the last week of December.

Some contracts include a special condition, often called a holiday shut down clause. It usually says that if settlement falls in a set holiday period, it moves to the first business day after that period. The exact dates and wording differ from contract to contract. It is not part of the standard printed contract, so check whether your contract has one.

If your contract has no such clause, settlement can still fall due on 29, 30 or 31 December. Make sure your lender and lawyer will be ready.

What if settlement is delayed into the holidays?

Delays near Christmas can grow quickly. If settlement doesn’t happen in the last week before Christmas, it may not happen until early January.

Many contracts include a special condition that makes a buyer who settles late pay interest on the balance of the price. The rate varies, so check your contract. For example, on a $1 million price at 10% a year, a 17-day delay would cost about $4,650 in interest.

A delay can also lead to a notice to complete. This is a formal notice that makes the settlement date essential. If the other party then fails to settle in time, you may be able to end the contract.

Notices to complete over Christmas

The standard contract lets a party who is ready to settle serve a notice to complete if the other party misses the settlement date. The notice must give a reasonable time to settle. Many contracts set an agreed period (often 14 days) in a special condition.

Because 29 to 31 December are usually business days, a notice period can keep running while most offices are closed. Whether a notice is valid can depend on the facts, including the timing. If you plan to serve a notice, or you receive one over the holidays, get advice straight away. You can read more in our guide to notices to complete.

Tips for buyers and sellers over the holidays

If you’re buying

• Ask the seller early whether they want to settle before or after the break.
• Check whether the contract has a holiday shut down clause or a late-completion interest clause.
• Confirm your lender’s holiday cut-off dates for loan approval and settlement.
• Don’t sign a contract just before Christmas unless you can complete your checks during the cooling-off period.
• Book your pre-settlement inspection early.

If you’re selling

• Ask your lawyer or conveyancer when their office will close.
• Tell your lawyer and agent whether you want to settle before or after the break.
• If you’re buying another home, line up both settlements carefully.
• Ask your lender about timing for discharging your mortgage.

Christmas property FAQs

Is 27 December a business day in NSW?

It depends on the year. It’s a business day unless it falls on a weekend or is a NSW public holiday. In 2026 it’s a Sunday, so it isn’t a business day that year.

Does my cooling-off period stop over Christmas?

No. It only skips weekends and public holidays. Days like 29 to 31 December usually count.

Can settlement happen between Christmas and New Year?

Yes, on business days. But it depends on banks, lawyers and the online settlement system being available, and on your contract terms.

Does every contract have a holiday shut down clause?

No. It’s a special condition that some sellers add. The standard printed contract doesn’t include one.

This article is general information only and is not legal advice. It reflects NSW law at the date of publication. Please contact us for advice about your circumstances.

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