General information, not planning or legal advice. The local council, CFA and, around Melbourne, Melbourne Water are the official places to check; the Sale of Land Act 1962 sets what the seller discloses. All are listed at the foot of this page.
Where a buyer first sees them
Section 32C of the Sale of Land Act 1962 sets out what the statement must contain about the land’s use. Two of its items carry the overlays.
Section 32C(b)
If the land is in an area designated bushfire prone under section 192A of the Building Act 1993, a statement that the land is in such an area
.
Section 32C(d)
For land under a planning scheme, the scheme’s name, the responsible authority, the land’s zoning, and the name of any planning overlay affecting the land
.
The names alone say little, so the next step is the map. CFA points owners to VicPlan, the state’s planning map: entering an address produces a planning property report listing the zones and overlays that apply. Consumer Affairs Victoria’s checklist adds that fire and flood risk bear on land management, buildings and insurance premiums, and are worth investigating properly.
Bushfire: two labels, not one
A block can be in a bushfire prone area alone, or in the overlay as well. The bushfire prone area is a designation under the Building Act 1993; the Bushfire Management Overlay is a control in the planning scheme, and CFA counts land in the overlay as part of the bushfire prone area.
The overlay covers land that may be at risk from bushfire. For a block inside it, CFA expects a planning permit to be needed to develop or subdivide, and permits are granted only once CFA and the council (normally the responsible authority) accept that the proposal meets the state’s bushfire policies and brings the risk down to an acceptable level. Under section 55 of the Planning and Environment Act 1987, CFA is a referral authority for development and subdivision in the overlay.
The heart of an application is a Bushfire Management Plan. CFA describes it as setting the building’s construction standard (its Bushfire Attack Level), the defendable space around it, the water supply and access for emergency vehicles. CFA suggests a level 2 or level 3 accredited bushfire consultant may be needed, and since planning scheme amendment VC248 in 2026 it no longer supplies templates for the Bushfire Management Statement. Some parts of the overlay have schedules with preset protection measures, which CFA says make the application simpler, faster and cheaper.
The clearing exemptions, and why a new house may not get them
CFA explains two exemptions that let owners clear around a home without a planning permit. CFA also advises against removing trees yourself: it calls the work dangerous and difficult, and recommends a qualified professional.
| Where the house is | Within 10 metres of the house | Further out |
|---|---|---|
| Designated bushfire prone area (the 10/30 rule) | Any vegetation, trees included | Vegetation other than trees, within 30 metres |
| Bushfire Management Overlay (the 10/50 rule) | Any vegetation, trees included | Vegetation other than trees, within 50 metres |
The catch for a buyer of vacant land is the date. CFA says the exemptions apply to buildings used for accommodation that were built or approved before 10 September 2009, and to replacement houses and dependent persons units damaged by bushfire between 1 January and 31 March 2009. For a building constructed after 10 September 2009, a permit to clear will likely be needed, and CFA points owners to the council. It notes some further cases in the overlay, where a building was lawfully built or permitted between 10 November 2009 and 10 November 2011. Even under an exemption, CFA asks owners to check with the council whether other laws protect the native vegetation.
Flood: one zone and three overlays
Victoria’s planning provisions carry one zone and three overlays for flooding, and council planning scheme maps show where each applies. Melbourne Water explains them this way.
| Control | Where it applies | What it controls |
|---|---|---|
| Urban Floodway Zone | Usually where the flood risk is high | Both use and development; uses are kept to low-intensity ones such as recreation and farming, and development is generally discouraged |
| Special Building Overlay | Land prone to stormwater or overland flooding when the drains are overwhelmed | A planning permit is needed for buildings and works |
| Land Subject to Inundation Overlay | Land flooded from waterways and along the coast | A planning permit is needed for buildings and works |
| Floodway Overlay | Land carrying active flood flows from waterways and open drains, and high hazard areas | A planning permit is needed for buildings and works |
The controls are drawn from the extent of a 1 in 100 year flood: a flood with a one per cent chance of happening in any year. Across the Port Phillip and Westernport region, councils refer permit applications on such land to Melbourne Water as the determining referral authority. On flood-affected land, Melbourne Water says, the council will not issue a planning permit unless the plans meet its flooding criteria and it consents to the work.
Flood information a buyer can ask for
- Flood level certificate. A buyer can ask Melbourne Water for a flood level certificate to check for potential flooding. As at October 2026 its service costs $55.21 and takes 14 days; the LANDATA service costs about $50 and can take 10 days.
- Flood level statement (velocity). Where land is subject to flooding, a building may need this statement for the Building Code’s flood hazard area provisions. Melbourne Water provides it free, in 14 days.
- For the seller. A seller may need a property information statement for the section 32 statement. Melbourne Water does not provide it; LANDATA and the water retailer can.
Outside Melbourne Water’s region, Consumer Affairs Victoria points buyers to Geoscience Australia’s Australian Flood Risk Information Portal for general flood information, and to the catchment management authority responsible for floodplains in the area: Corangamite, East Gippsland, Glenelg Hopkins, Goulburn Broken, Mallee, North Central, North East, West Gippsland or Wimmera.
Clearing for bushfire along a fence line is in Peg C, dividing fences; what else the section 32 statement holds for a block is in Peg F, the vendor statement for land.