Before you commit to buying a home or vacant residential land in Victoria, you should check for issues that could affect your ownership of the property, how you are allowed to use it, or the costs and obligations you would take on — some of which you would be bound by even if you never knew about them. Consumer Affairs Victoria publishes a Due Diligence Checklist as the starting point, and sellers or their estate agents are legally required to make it available to buyers. It is guidance only: your conveyancer, and the right searches and inspections, are how you actually act on it.
Victorian due diligence at a glance
| Step | Source | Key things to check | Effect on the contract |
|---|---|---|---|
| Section 32 vendor statement | The vendor / their conveyancer | Title, easements and covenants, outgoings, planning overlays, recent building permits | If it is missing or materially inaccurate, you may be able to withdraw before settlement |
| CAV due diligence checklist | Consumer Affairs Victoria | Flood and bushfire risk, planning, contamination, services and connections | Guidance the seller or agent must make available; prompts your own checks |
| Building and pest inspection | A licensed inspector | Major structural defects, active timber-pest activity | A termination right only if a building-and-pest condition is in the contract and the threshold is met |
| Pre-auction review | Your conveyancer | The Section 32, special conditions, deposit terms | Bids are unconditional and no cooling-off applies at or near an auction — finish due diligence before you bid |
Why the checklist matters
The contract of sale and the Section 32 vendor statement don't tell you everything about living with a property — its surroundings, what you can build, what it costs to run, and what risks it carries. Working through the checklist before you sign (or before a condition deadline passes) means you find these things while you can still negotiate, add a condition, or walk away — rather than after settlement, when they become your problem.
What sellers and estate agents must do
- make copies of the due diligence checklist available to potential buyers at any open for inspection; and
- include a link to the Consumer Affairs Victoria checklist page (or a copy of it) on the estate agent's or seller's website.
You can read the authoritative version any time at consumer.vic.gov.au/duediligencechecklist.
What the checklist covers
It groups the questions worth asking before you buy. In summary:
The land and buildings
- Land boundaries — whether the fences and structures actually match the title measurements.
- Building permits — whether completed or proposed building work was properly approved.
- Safety — building standards, pool and spa fencing, asbestos, and electrical safety.
- Insurance for building works — whether recent owner-builder work carries the required insurance or builder's warranty.
Location, environment and risk
- Urban living — noise, traffic and odours from nearby commercial or higher-density activity.
- Rural properties — land-use compatibility, native vegetation controls, pest management, and adjoining crown land.
- Flood and fire risk — whether the property is exposed, and what that means for insurance.
- Soil and groundwater contamination — whether past uses may have contaminated the site.
- Earth resource activity — mining, quarrying or extraction permits that could affect the area.
- Cultural heritage — whether a heritage management plan is needed for anything you plan to do.
What you can do with the property
- Planning controls — the zoning and overlays that govern how the land can be used and developed.
- Proposed or granted planning permits — nearby developments that could change the local character or amenity.
- Growth areas — infrastructure-contribution requirements and biodiversity obligations in designated growth areas.
Ownership, services and your rights
- Owners corporation — for properties with common property, the fees and rules you would be bound by.
- Utility connections — availability and connection costs for water, sewerage, electricity, gas and broadband.
- Buyers' rights — the contract of sale, the Section 32 vendor statement, and your cooling-off protections.
How to use it
Treat the checklist as your prompt list, then act on anything relevant: order the right searches through your conveyancer, book a building and pest inspection for physical condition, have the Section 32 vendor statement reviewed, and follow up any adverse result before a condition deadline — see dealing with adverse property search results. The checklist is guidance; your conveyancer or solicitor is who confirms how each issue applies to your purchase.
General information only — not legal advice. Conveyancing law varies by state and changes over time; confirm your situation with a licensed conveyancer or solicitor.