Do I have to attach the whole 40 pages of a registered plan of subdivision to the section 32 statement when the client is only selling one lot in the plan?

The best risk management is to attach the whole plan of subdivision even though the current section 32(3)(a) of the Sale of Land Act 1962 (Vic) (SL Act) provides:

In the case of land under the Transfer of Land Act 1958, a copy of the Register Search Statement and the document, or part of the document, referred to as the diagram location in the Register Search Statement that identifies the land and its location.

The purpose of this section is to ensure that the property can be identified on the plan.

This can be achieved by including only the pages of the plan which show the property being sold. In a plan of subdivision of 40 pages usually one page shows the apartment and another shows the accessory unit(s) for the property being sold.

The risk with attaching only these two pages is that other information in the plan of subdivision may need to be attached to satisfy other disclosure requirements in the SL Act.

For example, on the front page of the subdivision there may be a description of easements which affect the property, and on other pages of the plan the location of the easement will be shown.