VIC s32 vendor statement: pre-purchase planning disclosure
VIC section 32 vendor statement explained: required disclosures, 14-day rescission rights, planning + easement + GAIC traps for builders and buyers.
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Before signing a contract to buy land or a home in Victoria, the vendor must give you a section 32 statement (also called the vendor statement). It discloses planning zones, overlays, easements, building permits, owners corporation fees, outgoings, and any Growth Areas Infrastructure Contribution (GAIC) liability. If the statement is materially false or incomplete, the buyer has a 14-day rescission right under s32K of the Sale of Land Act 1962 (Vic), running from the date the contract is signed. VIC’s disclosure regime is the most comprehensive vendor-side disclosure in Australia. Pull the s32 before you make an offer, not after.
What this article is for
This article is for Victorian builders, developers, and their clients buying a lot or an existing dwelling to develop. It explains what the s32 statement covers, what it does not cover, when rescission is available, and how it compares with the NSW s10.7 certificate and QLD Form 1. It also flags the traps that catch buyers who skim the statement without reading it carefully.
What s32 requires
Under section 32 of the Sale of Land Act 1962 (Vic), the vendor (seller) must give the buyer a written statement disclosing prescribed matters before the buyer signs the contract of sale. The statement must be signed by the vendor or the vendor’s agent and must be current at the time of signing.
The s32 statement is not a certificate issued by council. The vendor (through their lawyer or conveyancer) compiles and signs it. That means the accuracy of the statement depends on the vendor’s knowledge and the searches they commission. Gaps or errors are the vendor’s legal exposure, not the council’s.
The obligation sits on the vendor. If no s32 statement is given before signing, or if it is materially defective, the buyer may be entitled to rescind.
Required disclosures
| Category | What must be disclosed |
|---|---|
| Planning information | Zone, overlays, planning permits on the land, planning permit applications under consideration, any planning scheme amendment in progress that affects the land |
| Easements and covenants | All registered easements and restrictive covenants burdening the land; must include copies of the relevant instruments |
| Owners corporation (strata/OC) | If the land is subject to an owners corporation: annual fees, special levies, current rules, registered plan of subdivision |
| Building permits | All building permits issued in the last 7 years; whether an occupancy permit or certificate of final inspection was issued for those permits |
| Services | Whether the land is connected to, or has the right to connect to, water, sewerage, electricity, gas, and telecommunications |
| Outgoings | Council rates, land tax, owners corporation fees, water rates, and any other outgoings; vendor discloses what is payable for the current year |
| GAIC | Whether the land is in a GAIC contribution area and, if so, the amount of the contribution or the basis for calculating it |
| Notices and orders | Any notice, order, or declaration from a public authority that affects the land (e.g. heritage overlay notice, environmental audit order, road reservation) |
| Mortgages and charges | Whether there is a mortgage or charge over the land that the vendor intends to discharge from sale proceeds; the vendor must confirm it will be discharged at settlement |
The 14-day rescission window
Section 32K of the Sale of Land Act 1962 (Vic) gives the buyer the right to rescind the contract if the s32 statement contains a false statement of a material particular, or if a matter required to be disclosed was not disclosed.
Key rules:
- The buyer must serve a written notice of rescission on the vendor within 3 months of signing the contract, but only before settlement occurs.
- In practice, buyers are advised to act within 14 days of signing once they identify a defect, as delays can complicate the legal position.
- Rescission returns the buyer’s deposit in full. The buyer has no further obligation under the contract.
- Rescission is not available for minor or immaterial defects. Courts assess materiality by asking whether a reasonable buyer would have considered the undisclosed or misstated matter significant.
- If the buyer knows about the defect before signing and proceeds anyway, the rescission right may be lost.
Civil penalties apply to a vendor who knowingly includes a false statement.
Compared to NSW s10.7 and QLD Form 1
All three east-coast jurisdictions require pre-contract disclosure, but the scope and who compiles the document differs.
| Feature | VIC s32 vendor statement | NSW s10.7 certificate | QLD Form 1 (BCCM / contract disclosure) |
|---|---|---|---|
| Who compiles | Vendor (via lawyer/conveyancer) | Council (statutory certificate) | Vendor (via lawyer/conveyancer) |
| Planning information | Zone, overlays, permits, amendments | Zone, heritage, flood, bushfire, contributions | Zone, local laws, infrastructure charges |
| Easements and covenants | Yes, registered instruments must be attached | Not directly (check title separately) | Yes |
| Building permits (last 7 years) | Yes | No (check council separately) | No |
| Owners corporation / body corporate | Yes, full detail | No (check separately) | Yes (BCCM disclosure) |
| Services (connection status) | Yes | No | No |
| GAIC (growth area levy) | Yes, if applicable | SIC equivalent disclosed | Not applicable |
| Buyer rescission right | Yes, s32K | Prescribed defect in contract | Yes, under Property Law Act 1974 (Qld) s68 |
| Rescission window | Before settlement (typically act within 14 days) | 5 business days after exchange | 5 business days after contract |
| Vendor-side obligation | Most comprehensive in Australia | Council issues; vendor attaches | Vendor compiles |
The VIC statement is vendor-compiled, which gives it broader coverage (services, building permits, OC detail) but also means accuracy is only as good as the vendor’s searches. The NSW council-issued certificate is a statutory fact at date of issue. QLD sits between the two.
What can go wrong
Assuming s32 covers building defects. The statement discloses building permits issued in the last 7 years, but it says nothing about the quality of the work done under those permits, or whether defects exist in the building. A permit being listed is not a sign the work is compliant. Commission a building inspection separately.
Missing the GAIC liability. Lots in the Urban Growth Boundary (UGB) fringe suburbs attract a Growth Areas Infrastructure Contribution. The GAIC can be $100,000 or more on a lot, payable at subdivision or permit trigger. Buyers who do not read the GAIC disclosure line can face a large unexpected liability after settlement. Check whether your lot is inside a GAIC contribution area before signing.
Unregistered easements. The s32 discloses registered easements from the title search, but informal drainage rights, licence agreements, or old common-law easements that are not on the title register will not appear. Commission a title search and a surveyor inspection on any lot where drainage or access arrangements look informal.
OC fees not read carefully. Large owners corporation fees on a unit or townhouse site can materially affect development feasibility. The s32 must disclose the current year’s fees and any special levies, but future capital works levies under discussion at the OC may not appear if they have not yet been struck.
Trustee and probate sales with limited disclosure. Where the vendor is an executor or trustee selling an estate, they may have limited personal knowledge of the property. The s32 statement may be thinner, with fewer searches commissioned. Buyers should commission their own searches independently rather than relying solely on the vendor statement in these cases.
Permit listed but no occupancy permit issued. If a building permit was issued in the last 7 years but no occupancy permit or certificate of final inspection followed, the building work may not have been approved as complete. This is a red flag, especially on renovated or extended homes. Follow up with the council to confirm the permit status.
How to use this with related articles
Before buying a lot in Victoria, read the s32 statement alongside the planning instrument hierarchy to understand what zone and overlay controls apply, and separately check easements and covenants if the title search shows registered instruments. For sites in heritage overlays, cross-reference heritage overlays before committing. If the lot is in a flood-affected area, check flood-prone area.
If you are buying interstate, see Section 10.7 certificates NSW for the NSW equivalent disclosure regime.
References
- Sale of Land Act 1962 (Vic) ss 32, 32K, Victorian legislation website, legislation.vic.gov.au (verified 2026-05-23)
- Consumer Affairs Victoria, “Section 32 vendor’s statement”, consumer.vic.gov.au (verified 2026-05-23)
- State Revenue Office Victoria, “Growth Areas Infrastructure Contribution (GAIC)”, sro.vic.gov.au (verified 2026-05-23)
Related
- Section 10.7 planning certificates NSW
- Easements and covenants
- Contaminated land
- Planning instrument hierarchy in Australia
See also
- DA process VIC
- VIC planning scheme structure
- Heritage overlays
- Flood-prone area
- LEP (Local Environmental Plan)
- DCP (Development Control Plan)
Last updated: 2026-05-23. Verified: 2026-05-23. Quarterly review for currency.