Section 32 checklist: what to check in a Victorian vendor statement

In Victoria, the seller must give you a vendor statement before you sign the contract of sale. Everyone calls it the Section 32, after section 32 of the Sale of Land Act 1962. It is often 50 to 150 pages of searches, certificates and plans, and most buyers receive it a few days before an auction or while negotiating a private sale.

This checklist sets out what to look at, in roughly the order it appears, and what each item can mean for you. It is general information, not legal advice. Your conveyancer or lawyer should review the Section 32 and the contract together before you sign.

What the Section 32 is, and what it is not

Consumer Affairs Victoria (CAV) describes the Section 32 as a legal document that "must be factually accurate and complete", covering title matters such as mortgages, covenants, easements, zoning, outgoings such as rates, and a declaration if the property is in a bushfire-prone area. If it contains incorrect or insufficient information, you may be able to withdraw from the sale or take legal action.

CAV is equally clear about what it does not cover: the condition of the buildings, whether they comply with building regulations, and the accuracy of measurements on the title. That is why a Section 32 review never replaces a building and pest inspection.

The checklist

1. Vendor and title

• Does the vendor named in the statement match the registered proprietor on the title search? If not, find out why (deceased estate, mortgagee sale, company or trust).
• Is the title search recent, and does the lot and plan number match the property you inspected?
• Are there mortgages? A mortgage is normally discharged at settlement. If the statement says a mortgage will not be discharged, an additional statement is required and you need advice.
• Are there caveats? A caveat is a warning that someone claims an interest in the land. Ask what it relates to and whether it will be removed before settlement.

2. Easements, covenants and other restrictions

• Look at the title plan for easements, usually marked with an "E" and a number, and read what each one is for: drainage, sewerage, carriageway, electricity.
• Check where the easement runs. An easement along the rear fence is common. One running through the middle of the backyard can stop a pool, extension or granny flat.
• Look for restrictive covenants, often in an instrument registered decades ago. Some limit the number of dwellings, building materials or the height of buildings.
• Check for section 173 agreements. These are agreements with council registered on title that bind future owners.

Our guide to easements on title explains how to read these in more detail.

3. Planning and zoning

• What is the zone, and which overlays apply? Heritage, flooding (land subject to inundation), vegetation protection and design overlays can all affect what you can build or remove.
• Is the land in a bushfire-prone area? The statement must say so.
• Has the vendor disclosed any notices of proposed planning scheme amendments or road widening?

Zoning and overlays can change, and the planning certificate attached may be months old. You can check the current position on the state planning map.

4. Building permits and owner-builder work

• Are building permits listed for work carried out in the last seven years? Missing permits for an obvious extension, deck or carport is worth a question.
• Was any of that work done by an owner-builder? CAV notes you can tell by the builder's name on the permit attached to the Section 32.
• If owner-builder work was done within the relevant period, the statement should include the prescribed insurance details and a defects inspection report.

The owner-builder rules changed on 1 July 2026. See owner-builder work and the Section 32.

5. Owners corporation (if any)

• If the property is in an owners corporation, the statement must include an owners corporation certificate.
• Check the fees, any special levies, the maintenance fund, insurance, and any current or proposed legal proceedings.
• Look at the date of the certificate. CAV notes Section 32 statements are sometimes prepared up to 12 months before a sale, so ask for an updated certificate or inspect the register.

See owners corporation certificate in Victoria.

6. Outgoings

• Council rates, water and sewerage charges, and any owners corporation fees should be stated, with amounts.
• Check for land tax if you are buying an investment property, and any growth areas infrastructure contribution for new estates.
• Compare the rates and levies with your budget. These are adjusted at settlement.

7. Services

• The statement should indicate whether electricity, gas, water, sewerage and telephone are connected. A property on a septic system or tank water needs different checks.

8. Notices and orders

• Look for any notices from council, a building surveyor or a government authority, such as building orders, compulsory acquisition notices, or notices about the condition of the land.

9. Signatures and completeness

• Is the statement signed by the vendor? CAV's legislation extract confirms the vendor must give a signed statement before you sign the contract, and an electronic signature is permitted.
• Are all the attachments that the statement refers to actually attached? A reference to "see attached" with nothing attached is a gap.

Common gaps buyers miss

• Missing pages. Large PDFs are often merged badly. Check page numbering.
• Old certificates. A planning certificate or owners corporation certificate dated months before the sale.
• "Not applicable" against something that obviously applies. For example, "no building permits" against a house with a visible new extension.
• Contract special conditions that cut across the statement. For example, a condition that you accept the property "as is" regardless of building approvals. The vendor's disclosure obligations cannot be removed by a contract term, according to CAV, but such clauses still matter for other rights.

What the Section 32 does not tell you

Even a complete statement leaves gaps. It will not tell you about structural defects, termite activity, asbestos, flood history beyond what overlays show, neighbourhood noise, or plans for nearby land. CAV's due diligence checklist, which agents must make available at open inspections, is a useful prompt for these.

How SignSure helps

SignSure reads the Section 32 and contract you upload (very long papers are trimmed, and the report says so), checks each finding against the page it came from, and lists what is present, what is missing and what to ask. It also checks zoning and overlays on the Victorian planning map. It is not a conveyancer and does not give legal advice; the report is a structured starting point for the conversation with your conveyancer.

Upload your Section 32 for a free reading

Frequently asked questions

Do I have to get a Section 32 before I sign?

Yes. Under section 32 of the Sale of Land Act 1962, the vendor must give you a signed statement before you sign the contract. CAV states that a contract is not binding on a buyer if the Section 32 is not provided or is incomplete or inaccurate. Talk to your conveyancer if this happens.

Does the Section 32 tell me about the condition of the house?

No. CAV states it does not include information about the condition of buildings, compliance with building regulations or the accuracy of title measurements. Get a building and pest inspection.

What are common red flags in a Section 32?

Easements through the building envelope, restrictive covenants limiting dwellings, heritage or flood overlays, missing building permits for visible work, owner-builder work without the required documents, and owners corporation special levies or legal proceedings.

Is the Section 32 the same as the contract of sale?

No. The contract sets out the price, deposit, settlement and special conditions. The Section 32 is the vendor's disclosure about the land. They are usually attached to each other and should be reviewed together.

Can I use a checklist instead of a conveyancer?

A checklist helps you ask better questions, but it does not replace advice from a lawyer or licensed conveyancer, which CAV recommends before you buy.

Sources

• Consumer Affairs Victoria, Seek expert advice on property: https://www.consumer.vic.gov.au/housing/buying-and-selling-property/buying-property/seek-expert-advice-on-property
• Consumer Affairs Victoria, Contracts and disclosure statements (estate agents): https://www.consumer.vic.gov.au/licensing-and-registration/estate-agents/running-your-business/authorities-commissions-and-contracts/contracts
• Consumer Affairs Victoria, Conveyancing and contracts for sellers: https://www.consumer.vic.gov.au/housing/buying-and-selling-property/selling-property/conveyancing-and-contracts-for-sellers
• Consumer Affairs Victoria, Research types of property to buy: https://www.consumer.vic.gov.au/housing/buying-and-selling-property/buying-property/research-types-of-property-to-buy
• Consumer Affairs Victoria, Due diligence checklist: https://www.consumer.vic.gov.au/housing/buying-and-selling-property/checklists/due-diligence
• Sale of Land Act 1962 (Vic): https://www.legislation.vic.gov.au/in-force/acts/sale-land-act-1962

General information only, not legal advice. Last reviewed 18 October 2026.