Buying Into A Village - Information Sheet B4
Condition Reports
When buying into a land-lease village, prospective buyers must be given 2 copies of a Site Condition Report, prepared by the village owner or their agent, before they move in.
The report must be created using the condition report template as can be found at www.consumer.vic.gov.au/library/forms/housing-and-accommodation/renting/condition-report-word.docx. It can be given to the prospective buyer on paper or electronically.
The buyer should check the report and if anything is not right, they can change it. The buyer should send a signed copy to the village owner and keep one for themselves. They must return the report within 5 days of moving into the property.
If the buyer is not given a condition report before they move in, they can complete one themselves and give it to the village owner within 5 business days of moving into the property.
It is a good idea for both the buyer and the village owner to take photos of the property at the start of the agreement, particularly of any damage. Date and label photos and attach them to the condition report.
A condition report that notes something needing repair gives the village owner written notice of the issue. If the repairs are not done in a reasonable period of time, the home owner can apply to VCAT, within 30 days of the start of the agreement, for an order requiring the repairs to be done.
The village owner must keep a copy of the condition report until the end of the agreement.
Within 10 days at the end of the agreement, the village owner, or their agent, must complete the ‘Exit Condition Report’ section of the original condition report. This reports the condition of the property at the end of the lease. The home owner must be present when this happens or have been given reasonable opportunity to be there.
If you want to know what the law says about condition reports for land-lease villages (or Part 4A sites), you can read Section 206O of the Residential Tenancies Act at Victorian Legislation https://www.legislation.vic.gov.au/in-force/acts/residential-tenancies-act-1997.
