Tips for Selling Property in Victoria
Make it stand out
1. Title and Land Details Must Match
This is the first thing savvy buyers and their lawyers will scrutinize.
Ensure the land description matches what is being sold
If the title is mortgaged, arrange access through your lender
If the contract does not align with the title, you risk delays or disputes over the Section 32 disclosure.
2. Disclose Easements, Covenants and Restrictions
You must disclose any encumbrances, whether registered or not. This includes:
Drainage or sewerage easements
Covenants that limit development or use (for example, building height or facade restrictions)
Planning-related Section 173 Agreements
Clear disclosure helps avoid contract rescissions or buyer renegotiations later in the deal.
3. Declare Any Tenancies or Informal Occupancy Agreements
If the property is:
Tenanted (even under an informal or expired lease)
Subject to an agreement with a neighbour (such as shared access or fencing arrangements)
Used under a licence arrangement
These must be disclosed. Provide any written agreements, even if they were not formalised.
Undisclosed occupancy can void vacant possession clauses and give the buyer grounds to terminate the contract.
4. Provide Building Permits and Compliance Records
If you have built or altered any structures in the past 10 years, you will likely need to provide supporting documentation. This includes:
Building Permits
Certificates of Final Inspection
Occupancy Permits (for new builds or major renovations)
You should also disclose any current or past planning permits. Even if a permit has expired, it may be relevant to the sale. Pools and spas must be properly registered and fenced in accordance with the Building Regulations 2018.
5. Clarify Fixtures, Chattels and Services
Prepare a list that identifies:
Fixtures and chattels included in the sale (e.g. oven, blinds, fixed lighting)
Items being removed (e.g. heirloom light fittings, pot plants, furniture)
Status of services: gas, electricity, water, sewerage, NBN
Rates notices, owners corporation fees or maintenance levies
Disputes over inclusions are common and often lead to last-minute tension during inspections or settlement.
6. Address Contamination and Hazardous Materials
If the property:
Has been used for industrial or fuel storage
Has underground tanks or asbestos
Is located on a mixed-use or historically industrial site
You may be required to disclose this. If you have an asbestos audit, soil test or contamination report, include it in your sale preparation pack. If unsure, seek legal advice before marketing the property.
Failure to disclose known contamination can result in post-settlement claims for compensation or rectification.
7. Check for Notices or Proceedings
Be transparent about any current or pending issues involving:
Council or water authority notices
Repair or maintenance orders (e.g. fencing disputes)
VCAT proceedings relating to the land or its use
Buyers will often make enquiries with local authorities. Declaring any outstanding notices early builds trust and reduces buyer hesitation.
Final Thoughts
Selling property in Victoria comes with legal obligations. Disclosures must be clear, complete and accurate — not just to meet legal requirements, but to keep your sale process smooth and defensible.
Get your Section 32 and contract prepared early. The sooner your legal team is involved, the more time you have to fix title issues, clarify permits, and avoid last-minute document scrambles once a buyer makes an offer.
This content is for general information only and does not constitute legal advice. For advice specific to your situation, please contact MWBL Consulting.