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Section 32 (VIC) vs Section 10.7 (NSW): what each discloses

Vendor disclosure in Australian property sales varies by state, and the two largest disclosure regimes - Victoria’s Section 32 Vendor Statement and NSW’s Section 10.7 Planning Certificate - cover different ground. Buyers confuse them regularly, and assume an NSW property’s disclosures are equivalent to a Victorian Section 32. They are not.

Victoria: Section 32

The Section 32 (Vendor’s Statement under Section 32 of the Sale of Land Act 1962) is a vendor-prepared document that must be provided before signing. It includes:

  • Full title details and encumbrances (easements, caveats, covenants)
  • Planning zones and any overlays (heritage, vegetation protection, environmental)
  • Rates, water, and outgoings
  • Building permits for any works in the last 7 years
  • Owners corporation information for strata titles
  • Any notice of acquisition or contamination issued by government
  • Road proposals and proposed public works

Section 32 puts the vendor on the hook for accuracy. A buyer who completes based on a materially misleading Section 32 can usually rescind.

NSW: Section 10.7 Certificate

The NSW equivalent is narrower. The Section 10.7 certificate (formerly called 149 Certificate) is issued by the local council, not the vendor, and covers:

  • Planning instruments and zoning
  • Any heritage listings
  • Any orders issued against the property
  • Road widening proposals
  • Environmental planning instruments

NSW does not require vendor disclosure of outstanding building permits, rates, or other outgoings in the same structured form. Those come through the contract’s attached documents (council rates notice, water rates notice) and through the buyer’s own searches.

What NSW buyers often miss

Because the Section 10.7 is narrower, NSW buyers are more exposed to:

  • Outstanding work orders not noted on the certificate (e.g., unpermitted renovation that doesn’t appear on the 10.7 but shows up on a title search)
  • Pending council infrastructure levies
  • Unapproved building works visible on site but absent from the certificate

In NSW, the buyer’s solicitor runs supplementary searches: title, water, sewer diagram, survey, pest inspection, and often a Section 603 certificate on overdue rates.

What Victorian buyers often miss

Because Section 32 is broad, buyers may assume it covers everything. It doesn’t cover:

  • Building pest or structural defects (do your own inspection)
  • Swimming pool compliance certification (separate requirement)
  • Neighbour-related planning proposals (covered by planning overlays but not specific neighbour DAs)

The cost-benefit

Section 32 costs the vendor; Section 10.7 costs $53-$133 (council fee). Neither replaces your own due diligence. Read both carefully and run supplementary searches on anything flagged.