Section 32 vendor statement Victoria: the 9 things it must disclose before you sign
In Victoria, before you sign a contract to buy a property, the seller must give you a signed Section 32 vendor statement. It is the single most important document a Victorian buyer reads, because it is where the property's title, planning, financial and building history are disclosed while you can still walk away. This guide explains what it is, who prepares it, the nine things it must cover, and what you can do if it turns out to be wrong.
General information about Section 32 vendor statements in Victoria. It is not legal advice. For advice about a specific statement or contract, speak with a licensed Victorian conveyancer or property lawyer. About our editorial standards.
Which situation describes you?
The Section 32 is the same document in every Victorian sale, but what you look for depends on the property. Find your situation below.
| Situation | What to focus on in the Section 32 |
|---|---|
| Buying an apartment or townhouse | The owners corporation section (s32F): fees, any special levy, insurance and recent decisions. A large upcoming levy is a real cost. |
| Buying an established house | Easements and covenants (s32C) and any building permits in the last seven years (s32E). Check that extensions or a deck were permitted. |
| Buying on the urban fringe or new land | Growth areas infrastructure contribution (s32G) and which services are connected (s32H). Both can add unexpected cost. |
| Buying rural or bushfire-area land | Bushfire prone area status and planning overlays (s32C), and unconnected services (s32H). These change what you can build and insure. |
| Buying at auction | Everything, before the auction. There is no cooling-off period at auction, so your conveyancer must review the Section 32 before you bid. |
What is a Section 32 vendor statement?
A Section 32 statement, formally the vendor's statement, is a written statement the seller of land in Victoria must give a prospective buyer disclosing key facts about the property. It takes its name from section 32 of the Sale of Land Act 1962 (Vic), which sets out what it must contain. It is not the contract of sale; it sits alongside the contract and is usually bound with it. The contract is the agreement to buy; the Section 32 is the seller's disclosure of what you are buying.
The point of the statement is timing. Because you receive it before you sign, the most important facts about the property, from easements to owners corporation levies, are in front of you while you are still free to negotiate or decline. This is the defining feature of Victorian conveyancing and the main way it differs from New South Wales, where disclosure is built into the contract instead.
Who prepares the Section 32 and when you get it
The vendor (seller) is legally responsible for the statement, but in practice the seller's conveyancer or property lawyer prepares it. Assembling it is the bulk of the seller's conveyancing work, because most of the content comes from ordering searches and certificates: a title search, council rates and land information certificates, a water information certificate, planning and, where relevant, owners corporation records. The seller signs the completed statement.
You, the buyer, should receive the Section 32 before you sign the contract. On a private sale, ask the agent for it as soon as you are interested, and have your conveyancer review it before you make a formal offer. At an auction, the statement is available to inspect before the auction day, and it must be reviewed then, because a successful bidder signs on the spot with no cooling-off period. The full sequence is set out in the Victorian conveyancing process guide.
The 9 things a Section 32 must disclose
Section 32 breaks the disclosure into lettered provisions, s32A through s32I. Together they are the nine categories every statement must address. Here is each one and why it matters to you as a buyer:
| Category | What it means for a buyer |
|---|---|
| Financial matters s32A | Rates, taxes, owners corporation fees and other outgoings you will inherit, plus any money owing under a mortgage or terms contract. Tells you the running costs and whether the land is security for a debt that must be cleared at settlement. |
| Insurance s32B | Particulars of any building or owner-builder insurance the law requires the vendor to hold. Most relevant on a newly built or owner-built home still within its warranty insurance period. |
| Land use s32C | Easements, covenants and restrictions on the title (registered or not), the planning scheme and any overlays, road access, and whether the land is in a designated bushfire prone area. This is where limits on what you can build or do surface. |
| Notices and orders s32D | Any notice, order, declaration, report or recommendation of a public authority affecting the land, and certain agricultural chemical or livestock notices. Flags things like a council building order or a planned road widening. |
| Building permits (past 7 years) s32E | Particulars of any building permit issued in the seven years before the sale where there is a residence on the land. Lets you check that recent work was permitted, which matters for warranty insurance and for illegal or non-compliant structures. |
| Owners corporation s32F | If the property is part of an owners corporation (a unit, apartment or townhouse), its certificate, rules, fees, insurance and recent decisions. Reveals special levies, disputes and the financial health of the body that runs the common property. |
| Growth areas infrastructure contribution s32G | Whether the land is in a growth areas contribution area and any liability that attaches. Mostly relevant on Melbourne's urban fringe, where a large one-off charge can apply. |
| Services connected s32H | Which of the standard services (electricity, gas, water, sewerage and telephone) are not connected. Important for rural, semi-rural or new land where connecting a service can be a significant cost. |
| Title s32I | Evidence of the vendor's right to sell: a title search, the plan of subdivision or title diagram, and the documents referred to on the title. Confirms who owns the land and exactly what is being sold. |
The three categories most likely to change a buyer's decision are land use (s32C), the owners corporation (s32F) and building permits (s32E): an unregistered covenant that blocks a second dwelling, an owners corporation with a large special levy coming, or an extension built without a permit are the kinds of things that surface here and nowhere else in the pack. Read them with your conveyancer, not on your own.
If the Section 32 is defective: your right to rescind
The statement's disclosures have teeth because the Act gives the buyer a remedy when they are wrong. Under section 32K of the Sale of Land Act 1962, a purchaser may rescind the contract before they accept title (in practice, before settlement) where the vendor:
- supplied false information in the statement, or
- failed to supply information that the section requires.
Rescission unwinds the contract and entitles you to the return of your deposit. Consumer Affairs Victoria states the position simply: if the vendor's statement contains false, incorrect or insufficient information, a buyer may be able to withdraw from the sale or take legal action.
There is a qualification. The Act provides a defence for the vendor where they acted honestly and reasonably and the purchaser is substantially in as good a position as they would have been had the statement been complete. So a trivial or immaterial slip does not automatically hand you a way out; the remedy is aimed at real non-disclosure. Because whether a defect is material is a legal judgement, a buyer who thinks their Section 32 is wrong should get advice promptly rather than assuming they can walk, and well before settlement. This is a description of the statutory position, not a summary of case law or advice on your specific contract.
The "section 52" mix-up
Some people search for a "section 52 vendor statement" when they mean the Section 32. The correct reference for the property vendor's statement is section 32 of the Sale of Land Act 1962. Section 52 is a provision of a different Act entirely, the Estate Agents Act 1980 (Vic), and it deals with something else: it requires the vendor of a small business to give the purchaser a statement about the business (Consumer Affairs Victoria publishes a "Statement by a Vendor of a Small Business (Section 52)" form for exactly that). If you are buying a home, unit or land, the document you want is the Section 32, not the section 52 business statement.
Section 32 versus New South Wales contract disclosure
Victoria and New South Wales both make sellers disclose before a buyer commits, but they package it differently. In Victoria, disclosure is a standalone document (the Section 32) handed over before signing. In New South Wales, there is no separate vendor statement: the seller must instead attach prescribed documents inside the contract of sale, chief among them a planning certificate under section 10.7 of the Environmental Planning and Assessment Act 1979.
The practical effect is similar (the buyer sees title, planning and encumbrance information up front), but the Victorian Section 32 is broader in a single document, covering owners corporation, services, GAIC and building permits that a buyer in NSW would gather from several separate searches. For the NSW comparison, see the section 10.7 certificate NSW guide. To compare what buying costs in each state, see the conveyancing cost by state comparison.
What the Section 32 does not tell you
The statement is a disclosure of legal and administrative facts, not a survey of the building. It does not tell you whether the house is structurally sound, whether it has defects or pests, or whether the measurements on the title are accurate. Consumer Affairs Victoria makes the same point. A Section 32 is not a substitute for:
- a building and pest inspection, which assesses the physical condition of the property;
- your own review of the contract terms (the Section 32 discloses; the contract binds);
- a due diligence check of things not required to be disclosed, such as flood history in some areas, neighbourhood plans, or the quality of past building work.
Treat the Section 32 as the legal picture and pair it with a physical inspection and a contract review to get the full one.
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Common questions
What is a Section 32 statement in Victoria?
A Section 32 statement (the vendor's statement) is a written statement the seller must give a buyer before they sign a contract to buy property in Victoria, disclosing the property's title, financial matters, land use, notices, building permits, owners corporation, services and more. It is required by section 32 of the Sale of Land Act 1962 (Vic).
Who prepares the Section 32?
The vendor is legally responsible for it, but in practice the seller's conveyancer or property lawyer prepares it by ordering title, council, water, planning and owners corporation searches, and the seller signs it. The buyer receives it before signing the contract.
What must a Section 32 disclose?
Nine categories under sections 32A to 32I: financial matters and outgoings, insurance, land use (easements, covenants, planning and bushfire status), public authority notices, building permits in the past seven years, owners corporation details, growth areas infrastructure contribution, which services are connected, and title. Together these are the "9 things" a Section 32 must cover.
Can I get out of a contract if the Section 32 is wrong?
Possibly. Section 32K of the Sale of Land Act 1962 lets a buyer rescind the contract before accepting title (in practice, before settlement) if the vendor supplied false information or failed to disclose something the section requires. There is a defence where the vendor acted honestly and reasonably and you are substantially in as good a position, so material non-disclosure matters most. Get legal advice promptly rather than assuming you can walk away.
Is it a "section 32" or a "section 52" statement?
The property vendor's statement is a Section 32 (of the Sale of Land Act 1962). "Section 52" is sometimes typed by mistake, but section 52 belongs to a different Act, the Estate Agents Act 1980 (Vic), and requires the vendor of a small business to give a statement about that business, not about land. If you are buying a home, unit or land, you want the Section 32.
Does the Section 32 cover the condition of the building?
No. The Section 32 discloses legal and administrative facts (title, planning, encumbrances, owners corporation and so on). It does not tell you whether the building is sound, free of defects or pests, or whether the title measurements are accurate. You still need a separate building and pest inspection and a contract review.
When do I get the Section 32?
Before you sign the contract. On a private sale, ask the agent for it as soon as you are interested and have your conveyancer review it before you make a formal offer. At auction, the statement is available to inspect before the auction day and must be reviewed then, because a successful bidder signs immediately with no cooling-off period.
Conveyancing Explained provides general information about property transactions in Australia. It is not legal advice and does not create a client relationship. For advice on your situation, engage a licensed conveyancer, settlement agent, or property solicitor in your state or territory.