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).
As a buyer, you can ask the seller specific questions regarding the building, including the status of any combustible cladding. The seller must answer your questions fully and frankly and to the best of their knowledge.
The seller is required to disclose all information that may be important to a potential purchaser in deciding whether or not to buy land. The seller must also produce a Section 32 Statement which prospective buyers can ask for and must legally be provided by the seller.
What is a Section 32 Statement?
A Section 32 Statement is a legal document which must be provided to prospective purchasers and must include certain information that may affect the state of the property and that may be important to a potential purchaser. The requirements for the content of a Section 32 Statement is governed by the Sale of Land Act 1962 (the Act). Failure to disclose a known material fact in a Section 32 Statement is an offence under 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 Victoria.
What information is available for landlords and managing agents?
The landlord or agent must disclose certain information to prospective tenants, which may include 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 by the State-wide Cladding Audit and eligible for the Cladding Rectification 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.
Where can I find more information?
The VBA has also provided information that may assist with buying or selling an apartment.