Buying Vacant Land in Victoria: Conveyancing Guide

Buying vacant land in Victoria can give you more control over where and what you build, but the block itself needs careful checking before you sign a Contract of Sale.

A vacant block can look straightforward while still being affected by easements, covenants, planning controls, service limitations or contract conditions.

Before you commit, check that the land is legally and practically suitable for what you plan to build.

If you already have a contract for a block you are considering, our licensed conveyancing team can review the documents before you sign and explain the conditions and title restrictions that may affect your purchase.

What Should You Check Before Buying Vacant Land in Victoria?

Before buying vacant land in Victoria, check:

• The Contract of Sale
• The Section 32 Vendor Statement
• The current title or proposed title details
• Easements and restrictive covenants
• Zoning and planning overlays
• Any building envelope or estate design guidelines
• Whether the land is titled or untitled
• Water, sewerage, electricity and other services
• Soil, slope and site conditions
• Bushfire, flood and contamination risks
• Finance conditions and settlement timing
• Land transfer duty and other purchase costs

Victoria has an official due diligence checklist for buyers of vacant residential land.

Some issues will still need to be checked through the contract, title, planning information or qualified professionals.

1. Have the Contract and Section 32 Reviewed Before You Sign

The Contract of Sale sets the legal terms of your purchase.

For vacant land, it may deal with much more than the price and settlement date.

Special conditions can affect when settlement occurs, what happens if the land has not titled, your finance deadlines and obligations connected with the development.

Before signing, check:

• Purchase price and deposit
• Settlement date
• Finance conditions
• Special conditions
• Titling provisions
• Developer requirements
• Building deadlines
• Default provisions
• GST withholding information where relevant

Does Vacant Land Need a Section 32 in Victoria?

Yes. A seller of vacant land in Victoria must provide the required Section 32 Vendor Statement before the buyer signs the Contract of Sale.

The Section 32 can contain important information about:

• Title details
• Mortgages
• Easements
• Covenants
• Zoning
• Rates and other outgoings
• Notices affecting the land
• Bushfire-prone area information

The Section 32 does not confirm that the block suits your proposed home.

You still need to check the site, planning controls, services and development requirements.

Our Section 32 Vendor Statement guide explains the document in more detail.

Found a Block You Want to Buy?

Have the Contract of Sale and Section 32 reviewed before you sign.

Our licensed conveyancing team can explain the contract terms, title restrictions, settlement requirements and other conditions that may affect the purchase.

Request a Contract Review

2. Check Whether You Can Build the Home You Want

Before buying a block of land, check that the planning controls and title restrictions are compatible with the home you want to build.

Residential zoning does not mean every house design will automatically be approved.

Check the Zoning

Every property in Victoria sits within a planning scheme.

The zone helps determine how land can be used and developed.

You can use VicPlan to search a Victorian property and generate a report showing the current zone and overlays.

VicPlan’s zone and overlay spatial data is updated regularly, so it is a useful starting point when researching a block.

Check the Planning Overlays

Planning overlays can add extra controls relating to:

• Bushfire
• Flooding
• Vegetation
• Heritage
• Environmental significance
• Development design

An overlay does not automatically stop development.

It may, however, add permit, design, reporting or construction requirements.

Check the Building Envelope and Estate Rules

Blocks in newer estates may also have a building envelope or developer design guidelines.

These can affect:

• Setbacks
• Building height
• Façade design
• Building materials
• Fencing
• Landscaping
• Driveway position
• Construction timeframes

If you already have a house design in mind, check these requirements before committing to the land.

3. Check the Title for Easements, Covenants and Restrictions

A current title search shows the registered owner and interests recorded against the land.

Related title instruments and plans can also reveal easements, covenants and other restrictions.

What Is an Easement?

An easement gives another person or authority rights over part of the land.

Common examples include:

• Sewerage
• Drainage
• Electricity
• Water
• Shared access

An easement can affect where a house, garage, pool or other structure can be placed.

Do not assume you can build over it.

What Is a Restrictive Covenant?

A restrictive covenant can limit how the land is used or developed.

Depending on its wording, a covenant may deal with:

• Building materials
• Number of dwellings
• Minimum building requirements
• Land use
• Development restrictions

The exact effect depends on the covenant wording.

Review the title documents rather than relying only on the estate brochure or sales material.

4. Understand Titled and Untitled Land

One of the most important questions when buying vacant land is whether the block already has its own registered title.

Do not rely only on an estimated title date given during the sales process.

A registered plan of subdivision creates separate lots that can be dealt with individually.

Our Plan of Subdivision Victoria guide explains the process in more detail.

If you are buying land as part of an off-the-plan development or house-and-land arrangement, our guide to an off-the-plan Contract of Sale covers some of the additional contract issues that may apply.

5. Check Water, Sewerage, Electricity and Other Services

Do not assume every service is connected because the block is being sold for residential use.

Check the availability and connection status of:

• Water
• Sewerage
• Electricity
• Gas, where available
• Telecommunications and internet
• Stormwater drainage

A service being available in the street is not the same as it being connected to your lot.

Connection work can add cost and delay.

Regional or semi-rural land may rely on septic systems, water tanks or other alternatives.

When buying vacant land in Victoria, it is worth confirming exactly what services are available and what you will need to arrange after settlement.

6. Look at the Physical Block, Not Just the Contract

Conveyancing identifies legal and contractual issues, but it does not determine whether the soil, slope or physical site suits your building plans.

Soil and Site Conditions

A soil test can identify conditions such as reactive soil, fill, rock or poor drainage that may affect foundations and site costs.

Slope

A sloping block may increase the need for:

• Excavation
• Retaining walls
• Drainage work
• More complex foundations
• Different house designs

Size, Shape and Orientation

Check that the block works with your intended home.

Consider:

• Lot dimensions
• Setbacks
• Driveway access
• Private open space
• Orientation
• Building envelope
• Easements

These are not conveyancing assessments.

You may need input from a builder, licensed surveyor, engineer or building surveyor.

7. Check Bushfire, Flood and Contamination Risks

Environmental and planning risks can affect how vacant land is developed.

Bushfire

Bushfire-prone land or land affected by bushfire planning controls may face extra design, construction or approval requirements.

Check the planning information for the property before you buy.

Flooding

Flood-related planning controls can affect development and building design.

Check VicPlan, council information and relevant reports rather than relying only on how the land looks during an inspection.

8. Understand the Full Cost of Buying Vacant Land

The land price is only one part of your budget.

Other costs may include:

• Land transfer duty
• Conveyancing fees
• Contract review fees
• Property searches
• Registration charges
• Lender fees
• Soil testing
• Surveys
• Service connections
• Site preparation
• Holding costs before construction

Some purchases of potential residential land can involve GST withholding at settlement.

For sales of new residential premises or potential residential land, the supplier must generally give the purchaser written notice stating whether GST withholding applies.

If withholding is required, an amount from the purchase price is paid directly to the Australian Taxation Office at settlement.

You can read more in the ATO guide to GST at settlement.

We can assist with settlement forms within our role, while specific GST advice may need to come from a registered tax professional.

Do First Home Buyers Pay Stamp Duty on Vacant Land in Victoria?

Eligible first home buyers can receive a full land transfer duty exemption for a dutiable value up to $600,000 and a concession from $600,001 to $750,000.

These thresholds are current as at August 2026.

Vacant land intended for your first home can qualify.

For vacant land, the State Revenue Office assesses the dutiable value on the land itself without adding a separate building contract.

You can check the current eligibility rules through the Victorian first home buyer duty exemption and concession guide.

At least one eligible purchaser must move into the completed home by the earlier of:

• 12 months after the occupancy certificate is issued, or
• 36 months after settlement

That purchaser must then occupy the home as their principal place of residence for at least 12 continuous months.

Other eligibility requirements also apply.

Our team of conveyancers can usually complete the relevant duty application as part of the property transfer.

9. Get Your Finance and Settlement Timing Right

Do not assume home loan pre-approval means the lender has approved the specific block.

The lender may still need to:

• Value the block
• Confirm the loan structure
• Review your financial position
• Approve the specific property

If you are buying by private sale and need a finance condition, the wording and deadline should be checked before you sign.

For untitled land, finance approval or a valuation may need to be updated if settlement is months away.

Tell us about your finance position early so the relevant contract dates and conditions can be reviewed before you commit.

10. Can You Buy Land Now and Build Later?

Yes, in some cases you can buy vacant land and build later.

There is no single statewide building deadline for every vacant-land purchase.

You need to check:

• The Contract of Sale
• Restrictive covenants
• Developer guidelines
• Building deadlines
• Planning requirements
• Finance conditions
• Any government concession or grant requirements you intend to rely on

For eligible first home buyers claiming the Victorian duty exemption or concession on vacant land, at least one purchaser must move into the completed home by the earlier of 12 months after the occupancy certificate is issued or 36 months after settlement.

That purchaser must then live in the home as their principal place of residence for at least 12 continuous months.

If delaying your build is important, raise this before signing the land contract.

11. When Should You Engage a Conveyancer for Vacant Land?

Ideally, contact our licensed conveyancing team before you sign the Contract of Sale.

Vacant land conveyancing in Victoria can involve checking:

• The Contract of Sale
• Section 32
• Title
• Easements
• Covenants
• Special conditions
• Finance dates
• Titling conditions
• Settlement requirements
• Duty information
• GST withholding requirements where applicable

If you proceed, we can manage the conveyancing process through to settlement.

Our conveyancing for buyers service explains how we support buyers from contract review through to settlement.

Vacant Land Buying Checklist Victoria

Before buying vacant land, work through this checklist.

What to check	Why it matters
Contract of Sale	Sets the conditions, dates and obligations of the purchase
Section 32	Provides important legal disclosures about the land
Title	Shows ownership and registered interests affecting the property
Easements	May restrict where you can build
Covenants	May restrict the type or use of development
Zoning	Helps determine how the land may be used
Planning overlays	May add permit, design or construction requirements
Building envelope	Can restrict where the home sits on the block
Services	Confirms what is available and what still needs connecting
Soil and site	May affect building design and site costs
Titling	Determines whether the lot already has an individual title
Finance	Needs to suit the contract and settlement timeframe
Purchase costs	Helps you budget beyond the advertised land price

What Happens at Settlement?

Settlement is when the balance is paid and ownership transfers to you.

Before settlement, our team can:

• Liaise with your lender
• Prepare transfer documents
• Complete relevant duty requirements
• Check settlement figures
• Deal with GST withholding forms where required and within our role
• Prepare the electronic settlement

Most conveyancing transactions handled by licensed conveyancers and legal practitioners in Victoria are lodged electronically through an approved Electronic Lodgment Network, or ELN.

PEXA and Sympli are examples of electronic platforms used for property transactions in Victoria.

You can learn more about electronic lodgment through Land Services Victoria.

Our broader property conveyancing in Victoria service covers the transfer process from pre-contract checks through to completion.

Our guide to what happens on settlement day also explains the settlement process in more detail.

Frequently Asked Questions About Buying Vacant Land in Victoria

Need Help Buying Vacant Land in Victoria?

If you have found a block and received the Contract of Sale and Section 32, we can review the documents before you commit.

Our licensed conveyancing team can explain the contract terms, title restrictions, settlement requirements and other issues affecting your purchase.

Get Help With Your Land Purchase