Section 32 explained: a line-by-line checklist for first home buyers (Victoria, 2026)
What is a section 32? A plain-English, line-by-line checklist for Victorian first home buyers, with 15 red flags and the exact questions to ask.
The short answer: A section 32 (also called a vendor statement) is the legal document a Victorian seller must give you before you sign a contract. It discloses the title, mortgages, outgoings, zoning, overlays, easements, building permits, notices and any owners corporation details. Check that every attachment is there, then have your conveyancer explain anything that limits how you use, insure or pay for the home.
The section 32 is often the thickest document you'll see while buying, and the one most buyers skim. But it's where the surprises live. This guide walks you through it line by line, then gives you a red flag table to take to your conveyancer.
Jordan is a first home buyer looking at a two-bedroom unit in Footscray. The section 32 shows a special levy for balcony repairs, a Land Subject to Inundation Overlay, and a 2021 building permit with no mention of a final inspection. None of those are deal-breakers on their own, but each one deserves a question before Jordan signs. Jordan is an illustrative character, not a real person.
If you're earlier in the journey, start with our first home buyer guide for Victoria.
What is a section 32 statement?
A section 32 statement is a signed disclosure document required by section 32 of the Sale of Land Act 1962 (Vic). It tells you what legally affects the land: who owns it, what's registered against it, what it costs to hold, and what planning rules apply.
It's usually prepared by the seller's lawyer or conveyancer and attached to the contract of sale. Consumer Affairs Victoria (CAV) describes it as a legal document that must be factually accurate and complete.
What it isn't: a building report. CAV notes the section 32 does not cover the condition of buildings, whether they comply with building regulations, or the accuracy of measurements on the title. That's what your inspection and your own research are for (see what to know before a house inspection).
When must you receive the section 32?
Right now, the seller must give you the signed statement before you sign the contract. If they don't, you may be able to rescind (cancel) the contract, as explained below.
A change is coming in 2027. The Consumer Legislation Amendment Act 2026 received Royal Assent on 8 September 2026. Once its section 32 changes commence (on a date to be proclaimed, and no later than 1 June 2027, which is the date CAV lists), sellers must make the statement available, in hard copy or electronically on request:
- Private sale: from 14 days after the property is first publicly advertised.
- Auction or fixed-date sale: from 14 days before the first auction or fixed date.
- Unadvertised, or sold within 14 days of advertising: before you sign.
The seller will also have to give you written notice of any changes to the statement before you sign. Contracts signed within 28 days after commencement stay under the old rules. The same Act also changes early deposit release rules (no later than 1 July 2027).
As at October 2026, these timing changes have not commenced. We could not find any "Sale of Land Amendment Act 2024" or any new prescribed vendor statement form. The last major overhaul of terms contracts and rent-to-buy arrangements came from the Sale of Land Amendment Act 2019, whose main provisions started on 1 March 2020.
What's in a section 32? A line-by-line checklist

Sections 32A to 32I of the Act set out what must be disclosed. Here's what each part tells you.
Title and plan
You'll get a copy of the Register Search Statement (the title) and the diagram or plan showing the land. The title lists the registered owner and any mortgages, caveats, easements and covenants. If the land is part of an unregistered or staged subdivision, the latest plan must be attached. You can order your own copy from Landata.
Financial matters: mortgages, charges and outgoings
The statement must list any mortgage that won't be discharged before you take possession, any statutory charge over the land, and the rates, taxes and similar outgoings (council rates, water, and so on), including any unpaid amounts and interest. Sometimes it simply says the total "does not exceed" a stated figure.
Land tax: since 1 January 2024, a contract clause that makes you pay towards the seller's land tax is of no effect for sales below the threshold (originally $10 million, indexed), under section 10G of the Act. See the State Revenue Office for land tax basics.
Insurance
If the contract doesn't keep the risk with the seller until you take possession, the seller's insurance details must be included. Since 1 July 2026, the statement must also include details of any cover under Victoria's statutory domestic building insurance scheme where the owner-builder rules in section 137B of the Building Act 1993 apply.
Land use: easements, covenants, planning and bushfire
This part covers:
- Easements and covenants, registered or not, plus any existing breach of them.
- Bushfire prone area: a statement if the land is designated as one.
- No road access: a statement if there is none.
- Planning: the planning scheme, the responsible authority, the zone, and every overlay. You can cross-check this for free with a property report on VicPlan.
Notices
Any notice, order, declaration, report, recommendation or approved proposal from a government body that directly and currently affects the land, which the seller could reasonably be expected to know about. It also covers livestock disease or agricultural chemical notices and any notice of intention to compulsorily acquire the land.
Building permits
If there's a home on the land, the statement must list building permits issued in the preceding 7 years.
If a home was built or renovated by an owner-builder and sold within roughly 6.5 years of completion, the Building and Plumbing Commission says the seller generally needs domestic building insurance and a defects inspection report, included with the section 32.
Owners corporation
For units, apartments and many townhouses, the seller must attach the owners corporation certificate (or its prescribed information) and the accompanying documents, or state that the owners corporation is inactive. The certificate is where fees, special levies and insurance details live.
Growth areas infrastructure contribution (GAIC)
GAIC is a one-off charge on land in Melbourne's growth areas: Cardinia, Casey, Hume, Melton, Mitchell, Whittlesea and Wyndham (which includes suburbs like Tarneit). The SRO says it generally doesn't apply to land under 0.41 hectares, but a deferred liability stays attached to the land and can pass to a new owner. Where there's a GAIC recording on the title, the relevant certificates must be attached.
Services not connected
The statement must say if electricity, gas, water, sewerage or telephone services are not connected.
Section 32 red flags: what to ask your conveyancer
A red flag isn't automatically a reason to walk away. It's a reason to ask a specific question before you sign. Use this table as your checklist.
| Section | What it tells you | Red flag | Question to ask |
|---|---|---|---|
| Title | Who owns the land and what's registered on it | Seller's name doesn't match the title, or a caveat is registered | Who lodged the caveat, and will it be removed before settlement? |
| Plan of subdivision | Boundaries and lot layout | Fences, sheds or carports don't match the plan | Do I need a survey before I sign? |
| Mortgages and charges | Debts secured over the land | A mortgage or statutory charge that won't be discharged at settlement | Will every mortgage and charge be cleared at settlement? |
| Outgoings | Rates, water and other charges | Arrears, interest, or a "does not exceed" figure that looks high | What are the actual annual amounts, and are any unpaid? |
| Land tax | Seller's land tax position | A contract clause asking you to contribute to land tax | Is this clause of no effect under section 10G? |
| Owners corporation | Fees, levies, insurance, rules | Special levy, major works planned, legal proceedings, or "inactive" OC | Can I see recent AGM minutes and the maintenance plan? |
| Zoning | What the land can be used for | A zone that doesn't fit your plans | Can I do what I plan to do here? |
| Overlays | Extra planning controls | Heritage, flood (LSIO or SBO) or bushfire (BMO) overlay | What can't I do, and how will this affect insurance and building costs? |
| Easements and covenants | Rights others have over the land, or limits on building | Easement where you'd extend, covenant limiting materials or dwellings, or an existing breach | Does anything here stop my plans, or is anything currently in breach? |
| Building permits | Permits in the last 7 years | Visible renovations with no permit listed, or a permit with no final inspection | Was a certificate of final inspection or occupancy permit issued? |
| Owner-builder | Insurance and defects report | Recent owner-built work with no defects report or certificate of cover | Are the defects inspection report and certificate of cover attached? |
| Notices | Government orders and proposals | Council orders, road widening, or an acquisition notice | What does this notice require, and who pays? |
| GAIC | Growth area charge status | GAIC recording on title with a deferral or no release certificate | Is any GAIC liability passing to me? |
| Bushfire prone area | Bushfire designation | Land is in a bushfire prone area | What extra building and insurance costs could apply? |
| Services | Utilities not connected | Sewerage, water or power not connected | What would connection cost, and is it possible? |
Title
- What it tells you
- Who owns the land and what's registered on it
- Red flag
- Seller's name doesn't match the title, or a caveat is registered
- Question to ask
- Who lodged the caveat, and will it be removed before settlement?
Plan of subdivision
- What it tells you
- Boundaries and lot layout
- Red flag
- Fences, sheds or carports don't match the plan
- Question to ask
- Do I need a survey before I sign?
Mortgages and charges
- What it tells you
- Debts secured over the land
- Red flag
- A mortgage or statutory charge that won't be discharged at settlement
- Question to ask
- Will every mortgage and charge be cleared at settlement?
Outgoings
- What it tells you
- Rates, water and other charges
- Red flag
- Arrears, interest, or a "does not exceed" figure that looks high
- Question to ask
- What are the actual annual amounts, and are any unpaid?
Land tax
- What it tells you
- Seller's land tax position
- Red flag
- A contract clause asking you to contribute to land tax
- Question to ask
- Is this clause of no effect under section 10G?
Owners corporation
- What it tells you
- Fees, levies, insurance, rules
- Red flag
- Special levy, major works planned, legal proceedings, or "inactive" OC
- Question to ask
- Can I see recent AGM minutes and the maintenance plan?
Zoning
- What it tells you
- What the land can be used for
- Red flag
- A zone that doesn't fit your plans
- Question to ask
- Can I do what I plan to do here?
Overlays
- What it tells you
- Extra planning controls
- Red flag
- Heritage, flood (LSIO or SBO) or bushfire (BMO) overlay
- Question to ask
- What can't I do, and how will this affect insurance and building costs?
Easements and covenants
- What it tells you
- Rights others have over the land, or limits on building
- Red flag
- Easement where you'd extend, covenant limiting materials or dwellings, or an existing breach
- Question to ask
- Does anything here stop my plans, or is anything currently in breach?
Building permits
- What it tells you
- Permits in the last 7 years
- Red flag
- Visible renovations with no permit listed, or a permit with no final inspection
- Question to ask
- Was a certificate of final inspection or occupancy permit issued?
Owner-builder
- What it tells you
- Insurance and defects report
- Red flag
- Recent owner-built work with no defects report or certificate of cover
- Question to ask
- Are the defects inspection report and certificate of cover attached?
Notices
- What it tells you
- Government orders and proposals
- Red flag
- Council orders, road widening, or an acquisition notice
- Question to ask
- What does this notice require, and who pays?
GAIC
- What it tells you
- Growth area charge status
- Red flag
- GAIC recording on title with a deferral or no release certificate
- Question to ask
- Is any GAIC liability passing to me?
Bushfire prone area
- What it tells you
- Bushfire designation
- Red flag
- Land is in a bushfire prone area
- Question to ask
- What extra building and insurance costs could apply?
Services
- What it tells you
- Utilities not connected
- Red flag
- Sewerage, water or power not connected
- Question to ask
- What would connection cost, and is it possible?
One more overarching red flag: a section 32 that's unsigned, missing attachments, or handed to you at the last minute with pressure to sign. Ask for the complete signed statement and time to review it. Before you make an offer, read our guide to making an offer on your first home.
What happens if the section 32 is wrong or missing?
If the seller gives you false information, leaves out required information, or doesn't give you a signed statement before you sign, you may be able to rescind the contract under section 32K.
You must do this before you accept title and become entitled to possession. A court can refuse rescission if the seller acted honestly and reasonably and you're substantially in as good a position as if the rules had been followed. Any contract term that tries to exclude these rights is void. You can also rescind if a notice of intention to compulsorily acquire the land is served before you take possession (section 32M).
Rescission has consequences, so get legal advice first.
Do you get a cooling-off period in Victoria?
Usually yes for a private sale: you have 3 clear business days after you sign to withdraw by written notice under section 31. But it doesn't apply at auction.
If you cool off, the seller can keep $100 or 0.2% of the price, whichever is greater. On a $600,000 home, that's $1,200.
There's no cooling-off period if:
- you buy at a publicly advertised auction
- you buy within 3 clear business days before or after a publicly advertised auction, or on auction day
- you previously signed a contract for the same property on substantially the same terms
- you're an estate agent or a corporate body
- the land is mainly used for industrial or commercial purposes, or is over 20 hectares and mainly used for farming.
CAV's private sale page and auction page explain this further. The practical lesson: if you're buying at or near auction, your section 32 review must happen before auction day.
Who should review your section 32?

Your own licensed conveyancer or solicitor, before you sign or bid. CAV recommends using your own legal practitioner or conveyancer rather than relying on the seller's.
Send them the full contract and section 32 as soon as you're serious, with your questions from the table above.
This is where a little preparation helps. Havenli's property report includes a "Know the property" section and contract and vendor statement analysis that turns the section 32 into plain-English questions to ask your conveyancer. It doesn't replace their legal advice; it helps you use their time well. Havenli launches on 8 November 2026, and you can join the waitlist here.
Also read CAV's due diligence checklist, which agents must make available at inspections. It covers things the section 32 won't, like flood risk and noise. For the bigger picture on value, see how to know a property's true value before buying.
This is general information, not legal advice. Have a licensed conveyancer or solicitor review your contract and section 32 before you sign.
Once your offer is accepted, here's what happens between offer and settlement.
Sources
All sources checked as at October 2026.
- Sale of Land Act 1962 (Vic), authorised version 174, ss 10G, 31, 32 to 32P, 33B, Victorian Legislation
- Consumer Legislation Amendment Act 2026 (Vic), No. 36 of 2026, Part 9, Victorian Legislation
- New changes to property sales and underquoting laws, Consumer Affairs Victoria
- Seek expert advice on property (Section 32 statement), Consumer Affairs Victoria
- Buying property by private sale (cooling off), Consumer Affairs Victoria
- Buying property at auction, Consumer Affairs Victoria
- Due diligence checklist, Consumer Affairs Victoria
- Understanding growth areas infrastructure contribution, State Revenue Office
- Land tax, State Revenue Office
- Selling an owner-built home, Building and Plumbing Commission
- VicPlan, Victorian Government
- Landata, Victorian Government
Frequently asked questions
What is a section 32 in simple terms?
It's the seller's legal disclosure document for a Victorian property, setting out what affects the land (title, debts, outgoings, planning, permits, notices and owners corporation details) before you sign.
Is a section 32 the same as a contract of sale?
No. The section 32 (vendor statement) is a separate disclosure document, usually attached to the contract of sale. The contract sets the price, deposit, settlement date and conditions. Your conveyancer should review both.
Can I pull out if the section 32 is wrong?
Possibly. If information is false or missing, or you weren't given a signed statement before signing, section 32K may let you rescind before you take possession. A court can refuse if the seller acted honestly and reasonably and you're not disadvantaged. Get legal advice first.
Do I get a cooling-off period if I buy at auction?
No. Cooling-off doesn't apply to publicly advertised auctions or to sales within 3 clear business days before or after one. Have your section 32 reviewed before auction day.
How much does it cost to cool off on a private sale?
The seller can keep $100 or 0.2% of the purchase price, whichever is greater. You must give written notice within 3 clear business days of signing.
Is the section 32 changing in 2027?
Yes. Under the Consumer Legislation Amendment Act 2026, sellers will need to make it available earlier (generally 14 days after advertising, or 14 days before an auction or fixed-date sale). The change starts on a date to be proclaimed, no later than 1 June 2027.
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