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I am … looking to buy or sell an apartment with combustible cladding

We know that buying an apartment can be a significant financial investment. That's why we recommend you do your due diligence regarding combustible cladding prior to buying or selling.

Cladding Safety Victoria is unable to provide prospective buyers with information relating to specific buildings and the presence of combustible cladding. Cladding Safety Victoria and Councils communicate directly with owners corporation managers, owners corporations, building managers and owners regarding their buildings and this information cannot be shared publicly for privacy reasons.

Details about a building, including information relating to assistance and support provided by Cladding Safety Victoria should be provided to you directly by the owners corporation. The Victorian Building Authority (VBA) and your local council may also be able to provide further information about the building (not related to support and funding provided by Cladding Safety Victoria).

If the combustible cladding has been fully rectified, and all Building Notices and Building Orders related to the combustible cladding have been cancelled by your Building Surveyor, there’s no need for the seller to declare the combustible cladding via a Section 32 notice. However, as a buyer, you can still ask the seller specific questions regarding any combustible cladding that has since been fully rectified. The seller must answer your questions fully and frankly and to the best of their knowledge.

Any existing combustible external wall cladding must be declared in a Section 32 Statement which prospective buyers can ask for and must legally be provided by the seller.

What is a Section 32 Statement?

If an apartment/unit is in a building that contains combustible cladding, an apartment owner is required to disclose it to prospective buyers in a legal document known as a Section 32 Statement. Failure to disclose a known material fact (such as combustible cladding) in a Section 32 Statement is an offence under the Sale of Land Amendment Act 2019 (the Act).

It is best practice if the estate agent or owner provides potential buyers with a copy of the Section 32 Statement and contract of sale at open for inspections and/or email as early as possible in the marketing campaign.

Consumer Affairs Victoria provides guidance on how owners’, agents’ and buyers’ rights and responsibilities are affected. For more information about Section 32 Statements and the Material Facts Guidelines, visit Consumer Affairs VictoriaExternal Link .

What information is available for landlords and managing agents?

The landlord or agent must disclose whether combustible cladding exists on the property. Please contact a member of the building’s owners corporation or the owners corporation manager if you’re a landlord or managing agent of a building and:

  • you are not sure whether the building contains combustible cladding
  • the tenant is concerned that the building might have combustible cladding
  • you want to know whether your building is included in Cladding Safety Victoria’s program.

The owners corporation is the best source to find out this information because they will have been contacted by Cladding Safety Victoria if the building was identified and eligible for the State-wide Cladding Audit program.

If the building has been found to contain combustible cladding, and it is within Cladding Safety Victoria’s program, it is the responsibility of the owners corporation and the landlord or managing agent to inform their tenants.

More information for landlords and managing agents.

Where can I find more information?

The VBA has also provided information that may assist with buying or selling an apartmentExternal Link .

Reviewed 27 May 2022

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