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Resources · For sellers

Section 32 Vendor Statement in Victoria: What Sellers Must Disclose (2026)

10 October 2026 · AgentBridge

A Section 32 vendor statement is the disclosure document every seller of land in Victoria must give a buyer before the buyer signs the contract of sale. It takes its name from section 32 of the Sale of Land Act 1962 (Vic), which requires the vendor to sign a statement containing the matters, and attaching the documents, listed in sections 32A to 32I. If the buyer signs without receiving it, or it is false or incomplete, the buyer can rescind at any time before settlement.

This guide is general information, not legal advice. Your conveyancer or solicitor prepares your own statement; the detail below is so you can brief them and check the result.

The legal basis

Section 32(1) of the Sale of Land Act 1962 requires a vendor to give the purchaser, before the purchaser signs the contract, a statement signed by the vendor containing the matters and attaching the documents specified in Division 2 of Part II of the Act. Section 32(2) allows an electronic signature. The in-force version (174, amendments to 9 September 2026) is on legislation.vic.gov.au; Consumer Affairs Victoria (CAV) publishes guidance alongside it.

Two framing rules: you cannot contract out (section 32N makes any contract term that excludes, modifies or restricts the Division void), and if the same parties re-sign a contract for the same land on substantially the same terms, a fresh statement is not required (section 32O).

What must be disclosed

The Act sets out the content in sections 32A to 32I. Each item below is tied to its section.

Title and encumbrances (32I and 32C)

  • A copy of the Register Search Statement and the diagram location document identifying the land (32I(a)); for old-law land, the last conveyance or other evidence of title (32I(b)).
  • If you are not the registered proprietor, evidence of your right to sell (32I(c)).
  • For an unregistered subdivision, the council-certified plan or the latest version if not yet certified (32I(d)).
  • A description of any easement, covenant or similar restriction, registered or not, and any existing failure to comply with it (32C(a)).
  • If there is no road access, a statement saying so (32C(c)).

Mortgages, charges and outgoings (32A)

  • Particulars of any mortgage, registered or unregistered, that will not be discharged before the buyer takes possession, with the Schedule 1 details: amount secured, interest rate, repayment terms, whether you are in default (32A(a)).
  • Any statutory charge over the land and the amount owing (32A(b)).
  • Either the amount of rates, taxes, charges and similar outgoings (including any the buyer may become liable for because of the sale) plus interest on unpaid amounts, or a statement that the total does not exceed a stated figure (32A(c)).
  • Whether the land is tax reform scheme land under the Commercial and Industrial Property Tax Reform Act 2024, with its AVPCC code and entry date (32A(ca)).
  • For terms contracts, the Schedule 2 information (32A(d)).

Insurance (32B)

  • If the contract does not leave the land at the vendor's risk until possession, particulars of any damage or destruction insurance you hold (32B(a)).
  • If there is a residence and section 137B of the Building Act 1993 applies (owner-builder work), particulars of any cover under the statutory insurance scheme (32B(b)).

Planning, zoning and bushfire (32C)

  • The name of the planning scheme, the responsible authority, the zoning, and the name of every planning overlay affecting the land (32C(d)).
  • If the land is in a designated bushfire prone area under section 192A of the Building Act 1993, a statement that it is (32C(b)).

Notices and orders (32D)

  • Any notice, order, declaration, report or recommendation of a public authority or government department, or approved proposal, directly and currently affecting the land, where you might reasonably be expected to know of it (32D(a)).
  • Any notices, management plans, reports or orders about livestock disease or agricultural chemical contamination affecting ongoing agricultural use (32D(b)).
  • Any notice of intention to acquire served under section 6 of the Land Acquisition and Compensation Act 1986 (32D(c)).

Building permits in the last 7 years (32E)

If there is a residence on the land, particulars of any building permit issued under the Building Act 1993 in the preceding 7 years for a building on the land. Decks, garages, pools and extensions count.

Owners corporation (32F)

If an owners corporation affects the land, either set out the prescribed information or attach a current owners corporation certificate issued under section 151 of the Owners Corporations Act 2006, plus the rules and last AGM resolutions. If the owners corporation is inactive (no AGM, fees or insurance in the previous 15 months), say so instead.

Growth areas infrastructure contribution (32G)

State whether the land is subject to a work-in-kind agreement or a growth areas infrastructure contribution (GAIC). Where the land carries a GAIC recording, attach the relevant certificate (release, deferral, exemption, staged payment or no liability, or a GAIC certificate if none exists).

Services not connected (32H)

Specify if any of electricity, gas, water, sewerage or telephone is not connected. You do not list what is connected.

Attaching certificates (32J)

Where the information sits in a certificate or notice from the relevant authority, you may attach the document rather than restate it, which is why a Section 32 is a bundle of title, planning, rates, water, land tax and owners corporation certificates.

The separate due diligence checklist

Division 2A of the Act (sections 33 to 33C) adds a second disclosure for vacant residential land or land with a residence. Section 33A describes the due diligence checklist as a document to help prospective purchasers identify information they may wish to obtain about the land. Section 33B requires the vendor, or the licensed estate agent acting for the vendor, to make it available to any prospective purchaser from the time the land is offered for sale, in the form approved by the Director of Consumer Affairs Victoria. "Made available" means copies on display or offered at any inspection, and any website where the land is offered giving access to a copy directly or by link (33B(6)). Each failure carries a penalty of 60 penalty units.

CAV publishes the approved checklist at consumer.vic.gov.au/duediligencechecklist, covering owners corporations, growth areas, flood and fire risk, contamination, boundaries, planning controls, building permits and insurance for recent works, and utility connections. It need not be attached to the Section 32, but it must be on hand from the first open for inspection and linked from the listing.

What happens if the statement is wrong or missing

Rescission (section 32K). Where the vendor supplies false information in the statement or its attachments, fails to supply all the required information, or fails to give a signed statement before the purchaser signs, the purchaser may rescind the contract at any time before accepting title and becoming entitled to possession or to the rents and profits. In practice, any time up to settlement.

The honest and reasonable defence (32K(4)). The purchaser may not rescind if the court is satisfied that the vendor acted honestly and reasonably and ought fairly to be excused, and that the purchaser is substantially in as good a position as if the Division had been complied with. Both limbs must be met; a conveyancer's error may clear the first and still fail the second.

Offences (32L and 12). Section 32L makes it an offence to knowingly or recklessly supply false information, omit required information, or fail to give the statement before contract: up to 60 penalty units for an individual and 300 for a body corporate. At the 2026-27 penalty unit of $209.10 fixed under the Monetary Units Act 2004, that is up to $12,546 and $62,730. Separately, section 12(d) makes it an offence to knowingly conceal a material fact to induce a purchase, with a maximum of 240 penalty units ($50,184) or 12 months imprisonment. CAV's Material Fact Guidelines (section 12A) give examples: known structural defects, termites, combustible cladding, asbestos, contamination, unpermitted works, and a homicide at the property.

What rescission costs in practice. The contract ends, the deposit goes back, the weeks since exchange are lost and the marketing spend is sunk. If you bought elsewhere on the strength of the sale, you now carry two properties, and the property returns to market with a history the next buyer's conveyancer will ask about. See the cost of selling a house in Victoria for what a campaign costs.

Who prepares it, lead time, and why it must exist before marketing

CAV says the statement is usually prepared by your legal practitioner or conveyancer, and its selling checklist tells sellers to choose an independent legal representative to prepare it. You sign it; the selling agent then makes it available to prospective buyers before the sale or auction. The Act does not say who must draft it, but the rescission and offence provisions fall on the vendor, not the drafter.

CAV does not publish a fee for a Section 32 on its own; conveyancers generally fold it into their fixed fee for a sale. Our conveyancing fees guide puts typical Victorian seller professional fees at $600 to $1,400, with searches and certificates on top.

The slowest input is usually the owners corporation certificate. Under section 151 of the Owners Corporations Act 2006 the owners corporation has up to 10 business days after receiving the request and fee to issue it; CAV caps the standard fee at 9.64 fee units (about $166 plus GST at the 2026-27 fee unit of $17.27), with higher caps for faster turnaround.

The Act does not say in terms that the statement must exist before you advertise. But the due diligence checklist must be available from the moment the land is offered for sale, and no buyer can sign until the Section 32 is in their hands. An auction buyer signs on the day; a private sale buyer may want to sign at the first inspection. Have it complete before the first open. See how to sell property in Victoria and auction or private treaty.

Common mistakes

  • Stale certificates. CAV notes statements are sometimes prepared up to 12 months before a sale. An owners corporation certificate that pre-dates a special levy, or last year's land tax certificate, is a false statement waiting to be found. Refresh anything older than the campaign.
  • Missing owner-builder insurance. If you did building work yourself and sell within 6 years and 6 months of completion, section 137B of the Building Act 1993 requires a defects report from a prescribed building practitioner (not more than 6 months old), compliance with the statutory insurance scheme and a notice of cover to the buyer. Maximum penalty 100 penalty units, and the contract is voidable by the purchaser before completion. CAV says the insurance applies to work over $16,000. The cover is also a section 32B item.
  • Undisclosed planning overlays. Section 32C(d)(iv) requires the name of every overlay. Get a current planning certificate; do not copy an old statement.
  • Permits and services. A carport permit from 5 years ago is inside the 7 year window in 32E. Tank water or septic must be declared under 32H.

If you are still choosing representation, see how to choose a selling agent and real estate agent fees in Victoria.

Frequently asked questions

Does a Section 32 expire? No. The Act sets no validity period. What matters is that every statement and attachment is true when the buyer signs. CAV advises buyers to request a fresh owners corporation certificate before settlement where the statement is old.

Can the buyer pull out after signing if the Section 32 was complete? Not under section 32K. Section 32M gives a separate right if a notice of intention to acquire the land is served after contract and before possession. Cooling-off is covered in our vendor disclosure guide for all states.

Do I need a Section 32 for vacant land? Yes. Section 32 applies to any contract for the sale of land. Building permit and owner-builder items only arise where there is a residence; title, planning, outgoings, services, GAIC and notices apply regardless. The due diligence checklist also applies to vacant residential land.

What if my conveyancer made the mistake? The buyer's right to rescind is unchanged; the defence requires you to show both that you ought to be excused and that the buyer is substantially no worse off. Whether you can recover from the conveyancer is a separate question for your own legal advice.

Related guides

Where AgentBridge fits

A complete, current Section 32 is part of the property brief AgentBridge prepares before a property is distributed to the 80+ buyers agents on our list. Buyers agents read the statement before they bring a client forward, so a finished bundle at the start shortens the path to a signed contract. Read how it works for the full sequence.

Sources

General information only, not legal advice. The Sale of Land Act 1962 and the Building Act 1993 are amended from time to time; confirm the current text and have your own conveyancer or solicitor prepare and check your Section 32 before acting.

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