Buyers usually arrive at this question one of two ways. Either the agent has supplied a Section 32 prepared months ago and you want to know whether it still counts, or the auction is days away, there’s still no Section 32 available, and you want to know whether that’s even legal. Both turn on the same underlying rule, and the rule surprises most people: a Section 32 has no statutory expiry date. What matters is whether it’s accurate when it’s given to you, and what has changed since it was prepared.
No expiry date, but a currency requirement
Nothing in the Sale of Land Act 1962 (Vic) says a Section 32 lapses after 30, 90 or 180 days. The obligation is that the statement contain the required information and be correct when given to the purchaser, before signing. A Section 32 prepared in February and handed to you in July complies, so long as nothing material has changed. The practical problem is that things do change. Rates get re-levied every year, owners corporation fees move, special levies get struck, and new notices, permits and covenants can turn up at any time.
So rather than asking how old the document is, ask which parts of it go stale, and whether they have.
The components that go stale fastest
| Component | Staleness risk | What to check |
|---|---|---|
| Owners corporation certificate | High. Fees, levies and litigation change at each AGM and committee cycle | Certificate date. Ask whether any special levy or major works have been raised since |
| Rates and outgoings | Moderate. Re-levied each financial year | Whether the figures belong to the current rating year |
| Title search | Moderate. New caveats, mortgages or covenants can register at any time | Search date. A fresh search is cheap and standard before settlement anyway |
| Planning information | Moderate. Amendments and overlays change on gazettal | Certificate or report date against any known local amendment activity |
| Government notices | Event-driven. A notice issued yesterday belongs in today’s statement | Ask the vendor’s representative to confirm nothing has been received since preparation |
| Building permits (7-year window) | Low, but the window rolls forward | Recent works visible at inspection that don’t appear in the permit list |
A rule of thumb from conveyancing practice: an OC certificate more than three to six months old, or rates figures from a previous financial year, deserves a refresh request. If the vendor refuses to update the statement, ask yourself why.
What happens if things changed and nobody updated it
If the statement was inaccurate when given, the purchaser’s section 32K rescission rights may be engaged (covered in our guide to defective Section 32s). The correct practice for a vendor who knows circumstances have changed is to issue an updated or supplementary statement before signing. A vendor who hands over a stale statement while aware of a new special levy or a fresh notice is taking a real legal risk, and their practitioner generally knows it.
The auction scenario
Auctions compress everything. Three facts frame where you stand:
- The Section 32 must exist before you sign, and at auction the winning bidder signs on the day. The contract and Section 32 have to be available for inspection at the auction, and any competent agent has them available well before.
- There is no cooling-off at auction. The three-business-day cooling-off right doesn’t apply to auction purchases, or to contracts signed within three clear business days either side of a publicly advertised auction. Whatever review you do has to happen before you bid.
- Late documents are a warning sign. A Section 32 that only appears days or hours before auction leaves no time for proper review of what will be an unconditional purchase. The explanation might be innocent enough, like a certificate still on order or a disorganised vendor, but delays like this can also be tactical.
If the auction is close and no Section 32 has appeared, request it in writing from the agent immediately and escalate a day later. If it still hasn’t arrived with enough time left for review, that fact should weigh heavily in your decision. Bidding unconditionally on a property whose disclosure documents you haven’t been able to read is the exact situation the disclosure rules exist to stop.
Practical checklist
- Ask when the Section 32 was prepared and when each attached certificate is dated.
- Request an updated OC certificate if the attached one is more than about three to six months old.
- Get written confirmation that no notices, orders or levies have arisen since preparation.
- For auctions: get the full contract and Section 32 at least a week out, and finish your review before auction day. An instant check, a professional review, or both.
- Your conveyancer will re-search title before settlement regardless. That protects settlement, not your decision to sign. The decision-time review is yours to organise.
This article is general information about Victorian practice, not legal advice.