Section 32 explained: what Sydney buyers need to know

A “Section 32” is the Victorian vendor statement, required under section 32 of Victoria’s Sale of Land Act 1962. It is not used in New South Wales. If you are buying property in Sydney, the term you will encounter is the Contract for Sale, with prescribed documents attached under section 52A of the Conveyancing Act 1919 (NSW) and the Conveyancing (Sale of Land) Regulation 2022.

Here is what NSW buyers receive instead of a Section 32:

• A certificate of title (or title search)
• A Section 10.7 planning certificate from the local council
• A sewerage diagram (Sydney Water)
• Strata by-laws and financial statements (for units and apartments)
• A land tax clearance certificate (where applicable)
• Council rates notice
• For off-the-plan purchases: draft plans and a disclosure statement

Sydney Property Buyers works with buyers across the Inner West, Eastern Suburbs, Lower North Shore, and Eastern Beaches to navigate exactly this kind of disclosure complexity before exchange.

Key takeaways

A Section 32 is a Victorian document; NSW buyers need prescribed contract attachments under the Conveyancing (Sale of Land) Regulation 2022, plus independent reports, to complete proper due diligence before exchange.

Table of Contents

• What replaces a Section 32 in NSW?
• Documents you should expect attached to an NSW contract
• Buyer’s due-diligence checklist for NSW purchases
• Why vendor disclosure in NSW is not a substitute for independent inspections
• Exactly what to ask the agent or vendor for before you exchange
• When you should hire a conveyancer, solicitor, or buyers agent
• Sydney Property Buyers: due diligence and representation for Sydney buyers
• Sources

What replaces a Section 32 in NSW?

NSW deliberately chose a different path from Victoria. Rather than requiring a vendor to prepare a single summary statement, NSW law requires vendors to attach specific prescribed documents directly to the Contract for Sale. The Conveyancing (Sale of Land) Regulation 2022 sets out which documents must be attached under section 52A of the Conveyancing Act, along with implied warranties and prescribed contract terms.

The Registrar-General’s review of vendor disclosure confirmed that NSW considered Victoria’s Section 32 model and concluded the prescribed-documents approach remains the appropriate framework for this state.

How the two regimes compare:

The practical difference matters. In Victoria, the vendor prepares and signs a single disclosure document. In NSW, the vendor’s solicitor assembles the prescribed attachments, and the buyer’s conveyancer then performs additional searches. Neither system guarantees a complete picture of the property’s condition.

The 14-day rescission right is a critical protection. For off-the-plan contracts, a buyer can rescind within 14 days of exchange if required prescribed documents or draft plans were not attached before signing. This window also applies in certain other circumstances where mandatory attachments are missing.

Documents you should expect attached to an NSW contract

Before you sign anything, check the contract attachments against this list. A vendor’s solicitor should include:

• Certificate of title — confirms ownership, registered easements, and any encumbrances
• Section 10.7 planning certificate — issued by the local council, showing zoning, planning restrictions, and any notices affecting the land
• Sewerage diagram — issued by Sydney Water, showing the location of pipes and drainage
• Council rates notice — confirms current rates and any outstanding amounts
• Land tax clearance certificate — relevant where the vendor is liable for land tax
• Strata by-laws and financial statements — mandatory for strata-title properties; should include the owners corporation budget and any special levies
• Building management statement — required for certain mixed-use or community title schemes
• Draft plans and disclosure statement — mandatory for off-the-plan contracts under the Registrar-General’s off-the-plan rules

Some documents are vendor-supplied (council rates notice, strata financials). Others are issued by authorities: the Section 10.7 certificate comes from the council; the sewerage diagram from Sydney Water. Knowing the source matters because you can verify currency independently.

Pro Tip: Check the issue date on every certificate. A Section 10.7 planning certificate or pool compliance certificate that has expired can give you a post-exchange rescission right. Practitioners re-check dates immediately before exchange, not just when the contract first arrives.

For a property title search that goes beyond the attached certificate, your conveyancer can order a full search from NSW Land Registry Services.

Buyer’s due-diligence checklist for NSW purchases

The contract attachments are the starting point, not the finish line. Here is a practical timeline:

Before making an offer:

1. Building and pest inspection — commission this yourself; it is not a vendor obligation. Budget typical fees for a Sydney house building and pest inspection; results are usually available within a couple of days from most inspectors.
2. Strata records inspection — for units, order a full strata records search (minutes, financials, correspondence). A specialist strata search firm typically charges a moderate fee and returns results within a few business days. Sydney Property Buyers checks strata records as a standard step on every unit purchase.
3. Title and easement check — review the attached title for registered easements, covenants, and caveats. A full title search from NSW Land Registry Services incurs a standard fee and confirms what the attached certificate shows.

Before exchange:

4. Section 10.7 planning certificate — verify the issue date; councils typically issue these within 5–10 business days. Check for any notices, orders, or proposed road widenings.
5. Contamination and flood check — request a council environmental search and check the NSW Flood Risk Management Portal for flood-prone land designations.
6. Bushfire and heritage enquiries — relevant for properties near bushland corridors or in heritage conservation areas; your conveyancer can order these.
7. Services diagram verification — confirm the Sydney Water sewerage diagram matches the actual property layout, particularly for older Inner West or Eastern Suburbs terraces.

After exchange (for off-the-plan):

8. Monitor disclosure updates — vendors must notify buyers of material changes to the draft plan before settlement; review any updated disclosure statements promptly.

Unconditional exchange in NSW carries significant risk if these steps are skipped. Once you exchange without conditions, your ability to withdraw is extremely limited.

Pro Tip: Order time-sensitive certificates (Section 10.7, pool compliance) as close to exchange as practicable. An expired certificate at exchange is a known conveyancing trap that can create an unintended rescission window.

Because NSW lacks a single vendor-declared summary, the buyer’s conveyancer performs statutory searches while the buyer commissions independent condition reports. The two roles do not overlap — both are necessary.

Why vendor disclosure in NSW is not a substitute for independent inspections

Contract attachments are legal disclosures, not inspection reports. Solicitors caution that buyers who treat the attached documents as a complete picture of the property’s condition routinely encounter post-purchase surprises.

The most common ones:

• Unpermitted building works — a council rates notice does not reveal whether a renovation had approval; only a building permit search or council enquiry does.
• Strata special levies — a strata financial statement may show a healthy operating fund but conceal a pending special levy for major works; always read the minutes.
• Expired compliance certificates — pool safety certificates and occupation certificates have validity periods; an expired certificate may indicate unresolved compliance issues.

What legal remedies actually cover:

NSW law gives buyers a rescission right if mandatory attachments are missing. It provides remedies for false or misleading statements. What it does not provide is an automatic right to a price reduction or repair for every defect the vendor failed to mention. The disclosure regime is narrower than many buyers assume.

Pro Tip: Keep written records of every representation the vendor or agent makes about the property’s condition. If a dispute arises after exchange, documented statements from the agent can support a misleading-conduct claim under the Australian Consumer Law.

Exactly what to ask the agent or vendor for before you exchange

Put every request in writing. An email to the selling agent creates a record and signals that you are a serious, informed buyer.

Documents to request in writing if not already attached:

• Current Section 10.7 planning certificate (confirm issue date)
• Strata minutes for the past two years and the current financial statements
• Any outstanding council orders, notices, or requisitions affecting the property
• Building permits and occupation certificates for any recent renovations
• Pool safety certificate (if a pool is present)
• Warranties or builder’s insurance for works completed in the past six years

Sample request wording: “Please provide the above documents by [date, at least five business days before exchange] so we can complete our due diligence. If any document cannot be supplied, please advise in writing.”

If the vendor cannot supply a document, that is itself useful information. Missing building permits for a visible extension, or an absent occupation certificate for a recent renovation, are red flags that warrant further enquiry before you commit.

Vendor communication best practices matter here: written requests are harder to walk back than verbal assurances, and they preserve your negotiating position if issues emerge.

Pro Tip: Never rely on verbal assurances from a selling agent about council approvals or strata finances. Agents represent the vendor, not you.

When you should hire a conveyancer, solicitor, or buyers agent

Some purchases are straightforward. Others are not. Engage professional help immediately if any of the following apply:

• The property is off-the-plan or involves a community title scheme
• The strata records show unresolved disputes, pending litigation, or a history of special levies
• There are unusual easements, covenants, or restrictions on the title
• Recent renovations lack visible permits or occupation certificates
• The vendor or agent is reluctant to provide documents in writing
• You are bidding at auction, where exchange is unconditional and immediate

A conveyancer handles the formal contract review, statutory searches, and lodgement. A buyers agent handles negotiation, auction bidding, off-market sourcing, and due-diligence coordination. The roles are complementary, not interchangeable.

Pro Tip: Engage your conveyancer to review the full contract and attachments at least five business days before exchange. Engage a buyers agent if you want independent representation in negotiation or at auction, where the selling agent works exclusively for the vendor.

Kristan Johnson, director of Sydney Property Buyers and 2024 Outstanding Buyers Agent of the Year (Inner West Local Business Awards), works with buyers across Sydney’s Inner West, Eastern Suburbs, Lower North Shore, and Eastern Beaches.

For guidance on selecting the right buyers agent and avoiding common pitfalls, review Sydney Property Buyers’ published resources before you engage anyone.

How this guide was compiled and a legal disclaimer

Primary sources consulted:

• Conveyancing (Sale of Land) Regulation 2022 (NSW Legislation website) — the primary legislative text for prescribed contract attachments and implied warranties
• Registrar-General (NSW) — off-the-plan rules and the vendor disclosure review
• Law Society of NSW — practitioner guidance on buyer searches and conveyancer roles
• Jameson Law practitioner commentary on section 52A obligations and common pitfalls

A buyers agent’s perspective on due diligence in Sydney

The confusion between Section 32 and NSW practice is one of the most consistent knowledge gaps Sydney Property Buyers encounters with buyers who have researched interstate or spoken to friends in Melbourne. The terminology sounds familiar, but the legal framework is genuinely different, and that difference has real consequences at exchange.

What concerns me more than the terminology gap is the assumption that a contract with all its attachments present means the property has been fully disclosed. It has not. The attachments confirm legal title, zoning, and strata governance. They say nothing about the condition of the building, the history of the owners corporation, or whether that rear extension was ever signed off by council. Those answers require independent reports, and they require someone who knows what questions to ask.

Sydney Property Buyers has secured many properties for clients across Sydney, often achieving notable savings on purchase price. A significant part of that outcome comes from due-diligence work done before exchange, not after.

Sydney Property Buyers: due diligence and representation for Sydney buyers

Knowing what documents to request is one thing. Having someone in your corner who has reviewed hundreds of NSW contracts, spotted the strata red flags, and negotiated price reductions based on what the reports actually found is another.

Sydney Property Buyers offers full-service buyer representation across Sydney’s Inner West, Eastern Suburbs, Lower North Shore, and Eastern Beaches. That covers contract review coordination, building and pest inspection management, strata records analysis, and auction bidding. For buyers who have already found a property, the Negotiation Only service provides professional representation without the full search mandate. Kristan Johnson holds NSW Licence 20456819 and carries a 5.0 Google rating across 100+ completed purchases.

Contact Sydney Property Buyers on 1800 676 177 or at hello@sydneypropertybuyers.com.au to discuss your purchase before you exchange.

Sources

• Conveyancing (Sale of Land) Regulation 2022 – NSW Legislation
• Section 52A Conveyancing Act | Vendor Disclosure NSW
• Review of vendor disclosure for residential property sales — Registrar‑General (NSW)

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