Section 32 in Victoria: What to Check Before You Sign

A section 32 is the legal statement a seller in Victoria must give you before you sign a contract to buy their property. It’s where title problems, easements, planning controls and unapproved building work usually show up first, so reading it properly is one of the cheapest ways to avoid an expensive mistake.

Below I cover what a section 32 contains, 7 red flags to look for, when you get it (and what changes in 2027), what happens if it’s wrong, and who should read it before you sign.

Key points

• The section 32, or vendor statement, is required under section 32 of the Sale of Land Act 1962.
• The seller must provide it before you sign. Ask for it as soon as you’re serious about a property.
• Check the title, easements, planning zone and overlays, building permits and outgoings against what you saw at the inspection.
• From 1 June 2027, agents must make the section 32 available at least 14 days before an auction or fixed-date sale.
• Have a conveyancer or property lawyer read it with the contract before you sign or bid.

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What Is a Section 32 Statement?

It’s the vendor statement set out in section 32 of Victoria’s Sale of Land Act 1962. The seller, usually through their conveyancer, prepares it, and the agent gives it to buyers along with the contract of sale.

It tells you the legal facts about the property that you can’t see at an open home: who owns it, what’s registered on the title, how the land can be used and what it costs to hold. It doesn’t tell you about the condition of the building. That’s the job of a building and pest inspection.

What’s in a Section 32 in Victoria?

The exact contents depend on the property, but a section 32 usually covers:

• Title details, including the registered owner and any mortgage, caveat or other charge
• Easements, covenants and other restrictions on the title, with a copy of the title plan
• Planning information, including the zone and any overlays that apply
• Building permits issued in the past 7 years, and owner-builder insurance or an inspection report where relevant
• Outgoings such as council rates, water rates and land tax
• Notices or orders from councils and authorities, such as road widening or fencing notices
• The services connected to the property, and those that aren’t
• For units and apartments, an owners corporation certificate showing fees, special levies and planned works

RACV’s guide gives a plain-English overview of these sections if you want a second explanation.

Section 32 Red Flags: 7 Things to Check Before You Sign

1. The seller isn’t the registered owner

The name on the title should match the seller. If it doesn’t, for example in a deceased estate or a mortgagee sale, the section 32 should show the seller’s authority to sell. Check any mortgage or caveat listed, and ask your conveyancer how it will be cleared at settlement.

2. Easements where you’d want to build

Look at the title plan. A drainage or sewerage easement across the back yard can stop an extension, a pool or a garage in that spot. A shared driveway easement means someone else has a right to use part of the land.

3. Covenants on the title

Some titles carry covenants that limit what you can build, such as a single dwelling or certain building materials. If you’re buying with a plan to develop or subdivide, a covenant can end that plan before it starts.

4. Zoning and overlays

The planning section shows the zone and any overlays. Heritage overlays are common in parts of Northcote and Thornbury, and they can mean you need a permit to demolish, extend or change the front of a house. Check the overlays against what you want to do with the property in five years, as well as today.

5. Building work with no permit listed

Compare the building permits section with what you saw at the inspection. A new deck, an extension or a converted garage with no permit in the past 7 years is worth asking about before you sign. Unapproved work can cost you to fix and can cause problems when you sell.

6. Owner-builder work

If the seller built or renovated the home as an owner-builder in recent years, the section 32 should include domestic building insurance details and a recent inspection report. Read that report closely, as it lists the defects the inspector found.

7. Outgoings, notices and owners corporation levies

Check the rates and other outgoings so you know the holding costs. Look for any outstanding notices or orders. For a unit or apartment, read the owners corporation certificate for special levies, planned works and any legal disputes, because those costs can land on the next owner.

When Do You Get the Section 32?

Under the current law, the seller must give you the section 32 before you sign the contract. Most agents attach it to the contract or send it on request. Ask for it as soon as you’re seriously considering a property, so your conveyancer has time to read it before an auction or before you make an offer.

That changes from 1 June 2027. Consumer Affairs Victoria says agents will have to make the section 32 available within 14 days after a property is advertised for private sale, and at least 14 days before an auction or fixed-date sale. If a property isn’t advertised, it must be available before you sign.

What Happens If the Section 32 Is Wrong or Missing?

If the seller doesn’t comply with section 32, for example by leaving out required information, the buyer can generally end the contract at any time before settlement. There’s an exception: a court can refuse if it’s satisfied the seller acted honestly and reasonably, ought fairly to be excused, and you are in substantially as good a position as if they had complied.

Don’t try to work this out on your own. If something looks wrong or missing, raise it with your conveyancer before you sign, or as soon as you notice it after.

Who Should Read the Section 32 Before You Sign?

A conveyancer or property lawyer should read the section 32 and the contract together, before you sign or bid. They’ll pick up legal problems with the title, the special conditions and anything missing.

Your building inspector covers the physical condition, which the section 32 doesn’t. If you’re buying with finance, check that the contract gives you enough time for your lender too.

Timing matters most at auction. There’s no cooling-off period when you buy at auction in Victoria, so the section 32 needs to be read before auction day. For most private sales you have 3 business days to cool off after signing, but you lose $100 or 0.2% of the price, whichever is more.

What I Look For First in a Section 32

When a client is serious about a property, the first things I check are the title plan for easements, the planning overlays and the building permits list, alongside my own inspection notes. If the permits don’t match the extension I walked through, or an overlay rules out the renovation they have in mind, we know before anyone signs. The full legal review is then done by their conveyancer.

Still searching? My guide to off-market properties in Melbourne covers the checks to run before you offer, and my pre-settlement inspection guide covers your last look before you pay.

Frequently Asked Questions

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A section 32 takes an hour or two to read properly, and it’s the document you rely on when you buy. Ask for it early, check it against the property you inspected, and have your conveyancer read it before you sign or bid.

Jason McCall is a licensed buyer’s advocate (licence 091847L) and the founder of Buyer’s Agent Victoria Pty Ltd (licence 091857L), based in Thornbury. He is a member of the REIV and PICA.