At a glance — Section 32 in Victoria
| What it is | A mandatory disclosure document the seller must give the buyer before contract is signed |
| Legal basis | Sections 32 to 32I of the Sale of Land Act 1962 (Vic) |
| Also called | Vendor's statement, vendor statement, S32 |
| Prepared by | The seller, usually through a conveyancer or solicitor |
| Provided when | Before the buyer signs the contract of sale |
| Buyer's right if defective | May rescind the contract before settlement |
| Applies to | Residential and commercial property sales in Victoria |
| Does it apply outside Victoria? | No — unique to Victoria |
| Typical preparation time | 5–10 business days |
| Typical buyer review time | 1–3 business days |
| Our review fee | Included in $660–$990 fixed conveyancing fee |
What is a Section 32 vendor statement?
A Section 32 vendor statement is a mandatory disclosure document that a property seller in Victoria must provide to a prospective buyer before the buyer signs the contract of sale. The legal basis sits in sections 32 to 32I of the Sale of Land Act 1962 (Vic), which require the seller to disclose specified information about the property's title, encumbrances, planning controls, outgoings, and other matters affecting the buyer's decision to purchase. The Section 32 is unique to Victoria — no other Australian state has an equivalent document. If the Section 32 is incomplete, inaccurate, or not provided before contract, the buyer may have the right to rescind the contract before settlement. At Fogarty Oliver Rothschild, principal lawyer Elisa Rothschild BA/LLB has reviewed thousands of Section 32 vendor statements across Melbourne since 2012. This guide is for anyone buying or selling property in Victoria who needs to understand what the Section 32 must contain, what to check before signing, and what commonly goes wrong.
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What must be included in a Section 32 vendor statement?
Sections 32A to 32I of the Sale of Land Act 1962 prescribe specific disclosure categories. The full Section 32 is a package of documents and certificates, not a single page.
Title and encumbrances (section 32A):
- Register Search Statement showing the registered proprietor
- Plan of subdivision
- All instruments creating encumbrances — mortgages, caveats, easements, restrictive covenants
- Notices and orders affecting the land
- Owners corporation interest in common property (where applicable)
Financial information (section 32B):
- Outgoings for the property — council rates, water rates, owners corporation fees, land tax
- Information about any GAIC (Growth Areas Infrastructure Contribution) levy
- Whether any of these outgoings are overdue
Insurance (section 32C):
- Particulars of any insurance policy relevant to a building under construction
- Insurance information for strata-titled properties (covered separately by Form 23 under the Owners Corporations Act 2006)
Planning and zoning (section 32D):
- Zoning of the land under the relevant planning scheme
- All overlays affecting the property (heritage, environmental, design and development, land subject to inundation, vegetation protection, etc.)
- Whether the land is in a bushfire prone area under section 192A of the Building Act 1993
- Road access information
Services (section 32E):
- Whether the property is connected to water, sewerage, electricity, gas, and telephone
- Where services are not connected, that fact must be disclosed
Building permits and approvals (section 32F):
- Particulars of any building permit issued in the last 7 years
- Owner-builder defects information under section 137B of the Building Act 1993 where applicable
Owners corporation information (section 32G):
- Form 23 owners corporation certificate (where the property is strata-titled)
Growth Areas Infrastructure Contribution (section 32H):
- Where applicable, GAIC liability information
Notices and orders (section 32I):
- Any notices, property orders, declarations or recommendations affecting the property
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What does the buyer need to check in a Section 32?
The legal minimum disclosure isn't the same as catching everything that matters to your specific purchase. A thorough buyer-side Section 32 review looks at several layers:
Layer 1 — Are all the documents actually present?
- Register Search Statement
- Plan of subdivision
- All listed encumbrances (mortgages, caveats, easements, restrictive covenants)
- Planning certificate
- Land information certificate
- Owners corporation certificate (if strata)
- Water authority information statement
- Council rates certificate
This layer is what templated services do well. A paralegal can confirm whether the documents are physically present.
Layer 2 — Do the documents say what the Section 32 summary claims?
Section 32 summaries sometimes oversimplify what the underlying certificates actually disclose. Check the underlying documents themselves, not the summary.
Layer 3 — What do the disclosed items mean for your specific plans?
This is where templated services often fall short. The Section 32 might disclose:
- A heritage overlay — but what does the overlay actually allow you to do?
- A restrictive covenant — but does it prohibit your planned renovation?
- Owners corporation fees — but is the maintenance fund actually adequate?
- An easement — but does it run through where you wanted to build the pool?
Layer 4 — What's NOT in the Section 32 but should worry you?
The Section 32 only discloses what's legally required. It doesn't disclose:
- Whether the owners corporation is in litigation with the developer (look at recent OC minutes)
- Whether special levies are anticipated (look at recent OC minutes)
- Whether the property is in your target school catchment (verify against findmyschool.vic.gov.au)
- Whether building defects have been informally discussed at OC meetings
- Whether the agent's representations about the property are accurate
Senior-lawyer review covers all four layers. Cheap templated services typically only do Layer 1.
What's the difference between a Section 32 and a contract of sale?
| Section 32 | Contract of sale | |
|---|---|---|
| What it is | Disclosure document | The actual purchase agreement |
| Legal basis | Sections 32-32I of Sale of Land Act 1962 | Common law contract + Sale of Land Act |
| Purpose | Tell the buyer what they're buying | Bind the parties to the transaction |
| Provided | Before contract is signed | Signed at the same time as the purchase agreement is made |
| Contains | Title, encumbrances, planning, outgoings, services | Price, settlement date, special conditions, deposit terms |
| Buyer's remedy if defective | Right to rescind contract | Standard contractual remedies |
| Prepared by | Seller's representative | Seller's representative |
The two documents typically come together — buyers receive the Section 32 attached to the contract, and the contract is signed only after the Section 32 has been reviewed.
What happens if the Section 32 is incomplete or wrong?
If a Section 32 is materially defective — missing required disclosures or containing false information — the buyer may have the right to rescind the contract at any time before settlement.
Common defects that can trigger rescission:
- Failure to disclose a known restrictive covenant
- Failure to disclose a known easement
- Failure to attach the Form 23 owners corporation certificate
- Failure to disclose outstanding rates or charges
- Failure to disclose a planning overlay
- Failure to disclose building work undertaken without permits (owner-builder situations)
- False or misleading statements about services connection
- False or misleading statements about insurance status
What rescission means:
- The buyer can withdraw from the contract before settlement
- The buyer is entitled to refund of any deposit paid
- The seller may also face civil action and (in some circumstances) regulatory consequences
Practical reality:
Most defective Section 32s are negotiated rather than litigated. The buyer notices the issue, raises it with the seller, and either the seller cures the defect, the buyer accepts the position with a price adjustment, or the buyer rescinds. Litigation over Section 32 defects is uncommon but real.
For sellers, this is why properly prepared Section 32s matter. A defective Section 32 can cost you the sale or expose you to litigation.
Who prepares a Section 32?
In practice, almost all Section 32s are prepared by either:
- A licensed conveyancer (in Victoria, licensed under the Conveyancers Act 2006)
- A solicitor admitted in Victoria (member of the Law Institute of Victoria)
Technically, a vendor can prepare their own Section 32. Practically, almost no one does. The document is legally significant; errors create the rescission risk discussed above. The cost of professional preparation ($660-$990 typical fixed fee at Fogarty Oliver Rothschild, sometimes more for complex properties) is small relative to the risk of self-prepared error.
Solicitor vs licensed conveyancer:
- A licensed conveyancer can prepare a Section 32 for a standard transaction
- A solicitor can do everything a conveyancer can do, plus handle the broader legal context — family-law-related transfers, deceased estate sales, trust-structured purchases, FIRB-required transactions, restrictive covenant modification applications
- For complex matters or where related legal work is involved, a solicitor is usually the better choice
At Fogarty Oliver Rothschild, Elisa Rothschild is a solicitor, so conveyancing is handled with full legal capability rather than referred out for complex elements.
What does a Section 32 review cost?
| Service | Typical cost (Fogarty Oliver Rothschild) |
|---|---|
| Pre-contract Section 32 review (buyer) | Included in $660–$990 fixed conveyancing fee |
| Section 32 preparation (seller) | Included in $660–$990 fixed conveyancing fee |
| Standalone Section 32 review without proceeding to full conveyancing | $440 (credited against full conveyancing fee if you proceed) |
| Complex matter (FIRB, trust, multiple titles) | Bespoke quote agreed at consultation |
For comparison, cheap online conveyancers offer fixed fees from approximately $440 for a basic review, but typically using paralegals working from templates rather than senior-lawyer review of the substantive issues. The price difference reflects the level of review.
What goes wrong without proper Section 32 review?
A 2024 St Kilda matter: A buyer reviewing a Section 32 on a $2.1M Art Deco apartment. Templated review showed all required documents present. Our deeper review pulled the OC minutes — disclosed a $48K-per-unit special levy was anticipated within 24 months for façade rectification. Section 32 didn't require disclosure of anticipated (not yet struck) levies. Buyer renegotiated by $40K based on disclosed minutes content. Settlement proceeded.
A 2024 Brighton matter: A buyer reviewing a Section 32 on a $3.6M Edwardian planning demolition and rebuild. Section 32 disclosed heritage overlay. Templated review treated it as routine disclosure. Our review pulled the property's heritage citation — classified "Significant," meaning demolition would almost certainly be refused. Buyer walked. Saved $3.6M on a property that couldn't be used as intended.
A 2025 Carnegie matter: A first-home buyer reviewing a Section 32 on a $590K apartment. Standard documents present. Our review identified active VCAT proceedings against the developer for façade defects, with $14-$25K per unit special levies anticipated. Buyer renegotiated by $20K, taking the price under the $600K full stamp duty exemption threshold. Saved on both the levy and the stamp duty band.
(Client names withheld. Identifying details modified.)
What questions should I ask my conveyancer about Section 32 review?
Before engaging a conveyancer, ask:
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Who actually reviews my Section 32? Senior lawyer, junior solicitor, paralegal, or templated process? The answer matters.
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Do you pull the underlying certificates or just confirm they're present? A heritage overlay disclosure means little without the heritage citation that explains what the overlay does.
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Do you pull recent owners corporation minutes for strata-titled properties? Form 23 is a snapshot in time; the minutes show what's actually being discussed.
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Do you verify school catchment if I've paid a premium for catchment access? findmyschool.vic.gov.au is the official source; agent representations aren't enough.
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What's your turnaround time? Pre-contract review typically needs to be done in 1-3 business days for private treaty sales, often 24 hours for auctions.
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What's included in your fee, and what's extra? Fixed-fee transparency matters — surprise charges mid-matter shouldn't happen.
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Can I speak directly to the person reviewing my matter? For substantial purchases, you should be able to.
How long does Section 32 review take?
| Stage | Typical timeframe |
|---|---|
| Section 32 preparation (sellers) | 5–10 business days |
| Pre-contract Section 32 review (buyers) | 1–3 business days |
| Urgent review for auctions | 24 hours, sometimes same-day |
| Off-the-plan Section 32 review | 3–5 business days (more involved) |
| Complex matter Section 32 review (FIRB, trust, multiple titles) | 5–7 business days |
For auction purchases — where there's no cooling-off period in a private sale by auction — urgent review is essential. Send the Section 32 as soon as you have it.
What about Section 32 for off-the-plan apartments?
Off-the-plan Section 32s are more complex than standard residential. The document must disclose:
- The proposed plan of subdivision (not yet registered)
- Proposed owners corporation arrangements
- Proposed by-laws
- Construction timeline and sunset clauses
- Defect rectification arrangements
- Stamp duty timing (off-the-plan can attract different stamp duty treatment under section 21 of the Duties Act 2000)
The Sale of Land Amendment Act 2019 introduced specific restrictions on developer use of sunset clauses, requiring purchaser consent or VCAT approval before a developer can rescind a contract.
Off-the-plan contract-by-contract review is essential. See our Off-the-Plan Conveyancing Victoria guide for detail.
Frequently asked questions
Is the Section 32 the same as the contract?
No. The Section 32 is the disclosure document (sometimes called the vendor's statement). The contract of sale is the actual purchase agreement. They typically come together — buyers receive the Section 32 attached to the contract — but they serve different legal purposes.
Can I prepare my own Section 32 as a seller?
Technically yes, practically no. The document is legally significant and errors create rescission risk for the entire sale. Professional preparation ($660-$990 typical fixed fee) is small relative to that risk.
What if I sign a contract without seeing the Section 32?
The seller is required to provide the Section 32 before you sign. If they don't, you may have the right to rescind the contract at any time before settlement. In practice, this rarely happens because conveyancers and agents on both sides confirm the document has been provided.
What happens if a Section 32 is incomplete?
The buyer may have the right to rescind the contract before settlement. The seller may face civil action. Most defective Section 32s are negotiated rather than litigated — the buyer notices, raises it, and the position is resolved through price adjustment, cure, or rescission.
Does the Section 32 cover everything I need to know about the property?
No. The Section 32 covers legally required disclosures. It doesn't cover school catchment status, anticipated owners corporation special levies, neighbouring construction plans, agent representations about the property, or many other things that might affect your decision to buy. A thorough buyer-side review goes beyond what the Section 32 itself contains.
How long should I have to review a Section 32 before signing?
Best practice is at least 3 business days for a standard residential matter, longer for off-the-plan or complex matters. For auction purchases there's no cooling-off period, so review must be completed before the auction.
Does the Section 32 apply to commercial property?
Yes. Sections 32-32I of the Sale of Land Act 1962 apply to both residential and commercial property sales in Victoria.
Does it apply outside Victoria?
No. The Section 32 vendor statement is unique to Victoria. Other states have different vendor disclosure obligations.
What's the cooling-off period in Victoria?
For a private sale (not at auction), the buyer has 3 clear business days from the date of signing to cool off. For an auction sale, there's no cooling-off period — pre-contract Section 32 review is essential.
What if the Section 32 discloses a restrictive covenant I don't understand?
Restrictive covenants can substantially affect what you can do with the property — height restrictions, materials requirements, building setbacks, prohibitions on commercial use. Some are easy to comply with; others substantially restrict development potential. Senior-lawyer review can assess covenants against your planned use before contract.
Ready to discuss your Section 32?
The first 15 minutes are free.
📧 elisa@fogartyoliverandrothschild.com.au
📍 84 Chapel Street, St Kilda VIC 3182
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Hours: Monday to Friday, 9am–5pm. After-hours for auction weeks.
Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Conveyancing and property law in Melbourne since 2012. Last reviewed 27 May 2026.
This guide is general information about Victorian conveyancing, not legal advice for your specific transaction. For advice on your matter, book a free 15-minute consultation.