This article discusses the disclosure of sewers in water information certificates.
We have previously recommended that practitioners obtain and include in vendor statements s.239G certificates, now called ‘water information certificates’ (pursuant to s.158 of the Water Act 1989 (Vic)). This certificate has in the past disclosed any unregistered easements, drains or sewers affecting the property.
A practitioner has brought to our attention the fact that some water information certificates are not disclosing the sewer on the face of the certificate but are now referring to a ‘property sewerage plan’ or a ‘water property services plan’ which discloses where the pipes and drains are located. Practitioners should ensure they obtain a copy of this further plan as the water information certificate by itself may not be sufficient to comply with the requirements of s.32C(a) of the Sale of Land Act 1962 (Vic).