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Changes to Section 32 Statements

By Georgina Shanahan

Section 32 of the Sale of Land Act 1962 was amended effective from the 31st July, 2013 to require property vendors to disclose if their property is located in a bushfire-prone area.

The change is set out in Section 10 of the Police and Emergency Services Management Legislation Amendment Act 2012 and follows recommendations to the 2009 Victorian Bushfire Royal Commission.

The amendment introduces a new section 32(2)(dc) into the Act which states “if the land is in a bushfire prone area within the meaning of regulations made under the Building Act 1993, the vendor’s statement must include a statement that the land is in such an area.”

The new clause requires property vendors to establish whether their property is in a bushfire-prone area and, if so, ensure this information is recorded on Section 32 statements.

Property buyers are encouraged to conduct their own due diligence to ensure the fire safety of any property they are considering buying.

Information about whether a property is in a designated bushfire-prone area is available free via a search on the Property reports section on the Department of Planning and Community Development website.

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