FROM THE BLOG

How to read a section 32

Conveyancing_Blog

The difficulty in reading a section 32 is that you must have regard to what documents it should contain, as much as what documents is does contain, something that generally only experience will allow you to do. For example, there is no requirement for a section 32 to contain information about illegal building works, only to disclose information about permits granted in the last 7 years. Accordingly, if you suspect renovations have been undertaken to a property in the proceeding 7 years that would have required a permit, you need to look for the planning permit (if required), building permit, occupancy certificate, or in other cases the owner-builder inspection report and builder warranty insurance.

The other issue with reading a section 32 is that information is often omitted or incorrect statements are given by the vendor’s solicitor or conveyancer. Many inexperienced solicitors and conveyancers have broad statements in their section 32 stating that there has been no failure to comply with the terms of any covenant, easement or similar restriction, when a simple examination of the property online clearly shows a garage which has been built over an easement without consent, or a front fence which breaches zoning requirements.

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