What is included in a section 32?
While not an exhaustive list of information that must be contained in the section 32 statement, the following information is commonly required to be disclosed or provided:
- Evidence of title by way of a Register Search Statement together with a copy of the registered plan of subdivision that identifies the land being sold. If the vendor is not the registered proprietor, such as in the case of a deceased estate, you must also include evidence of the vendor’s right to sell the land such as a copy of the grant of probate or letters of administration.
- Details of any rates and taxes such as council and water rates, owners corporation fees and land tax (if applicable). Any amounts for which a purchaser may become liable in consequence of purchasing the property must also be disclosed, such as special land tax and back rates.
- Where the property is subject to owner-builder works, particulars of the builder’s warranty insurance.
- A description of any easement, covenant or other similar restriction affecting the land and particulars of any existing failure to comply.
- Details of the planning scheme, zoning and overlays that affect the land, and a statement if the land is within a designated bushfire prone area.
- Particulars of any notice, order, declaration, report or recommendation of a public authority or government department or an approved proposal that directly and currently affects the land, such as a notice of rejection to a planning permit, notice of public acquisition, or a show cause notice for an illegal structure.
- Particulars of any building permit issued in relation to a building on the land.
- Information relating to any owners corporation the affects the land.
- If the property is subject to a growth area infrastructure contribution, details of work in kind agreement.
- A statement as to whether electricity, gas, water, sewerage or telephone services are not connected to the land.