Sell My Land

What a buyer of land checks before signing · A guide published by Dotto

Peg E of six Bushfire and flood overlays · Victoria

Bushfire and flood overlays on Victorian land

A Victorian seller’s section 32 statement must say whether the land is in a designated bushfire prone area and must name every planning overlay affecting it, which is where bushfire and flood overlays appear. On land in the Bushfire Management Overlay, building or subdividing will likely need a planning permit; on flood-affected land in Melbourne Water’s region, the council will not issue a permit unless Melbourne Water consents.

Peg E sits low on the plan, where the contour lines run close to the creek and the bush comes down to the boundary.

Drawn for this guide. Not a survey of any real land.

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.

What may be cleared around a house without a permit, as CFA sets it out
Where the house isWithin 10 metres of the houseFurther 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.

Victoria’s flood planning controls, as Melbourne Water explains them
ControlWhere it appliesWhat it controls
Urban Floodway ZoneUsually 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 OverlayLand prone to stormwater or overland flooding when the drains are overwhelmed A planning permit is needed for buildings and works
Land Subject to Inundation OverlayLand flooded from waterways and along the coast A planning permit is needed for buildings and works
Floodway OverlayLand 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

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.