Do Kitchen Renovations Need to Be Disclosed When Selling?

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The Kitchen Renovation Disclosure Question

It’s a common question we get from vendors and agents alike:

“We’ve replaced the kitchen—do we need to disclose that in the sale?”

The short answer? Sometimes yes. And if you're not sure, it's safer to err on the side of transparency. The last thing anyone wants is for a buyer to pull out of a deal over a technicality that could have been managed from the start.

Why It Matters: The Section 32 Trap

Under the Sale of Land Act 1962 (Vic), vendors must provide a Section 32 Statement (also called a Vendor’s Statement) disclosing key facts about the property—especially works carried out under the Building Act 1993 (Vic).

Failure to disclose required information can give a purchaser the right to rescind the contract, even after signing. And yes, that includes undisclosed building works in the kitchen.

When a Kitchen Renovation Must Be Disclosed

You must disclose the kitchen upgrade in your Section 32 if any of the following applies:

1. Owner-Builder Work Over $10,000

If the vendor or property owner arranged or personally undertook the works without using a registered builder—and the value of those works exceeds $10,000—it is considered owner-builder work.

In that case:

  • It must be disclosed in the Section 32;

  • If over $16,000, the owner must have obtained a Certificate of Consent from the VBA;

  • A Building Defects Report (no more than 6 months old) must be attached;

  • The vendor must provide the implied warranties under Section 137C of the Building Act 1993 for a full 6 years.

⚠️ If these steps weren’t followed, it’s a red flag for the purchaser—and could trigger contract rescission.

2. Works Requiring a Building Permit

If the renovation involved:

  • Structural changes (e.g. removing walls),

  • Reconfiguration of load-bearing components,

  • Plumbing or drainage relocation,

  • Electrical rewiring or sub-panel adjustments,

…then a building permit was likely required, and should be disclosed. This includes:

  • The permit itself,

  • The final certificate of compliance (or occupancy certificate, if applicable).

If a vendor cannot produce these documents, it raises concerns about unauthorised works.

3. Gas and Electrical Compliance

If a gas cooktop or hardwired oven was installed, or a rangehood ducted externally, compliance certificates from licensed trades should exist. These aren’t always legally required to be disclosed, but doing so helps demonstrate proper installation and mitigate risk.

When It Usually Doesn’t Require Disclosure

There are scenarios where a kitchen update is not required to be disclosed, such as:

  • Simple cosmetic changes (paint, doors, benchtops);

  • Replacement of appliances on a like-for-like basis;

  • No structural, electrical, or plumbing changes;

  • Works performed entirely by registered/licensed tradespeople;

  • Total cost under $10,000.

Still, even in these cases, we often advise clients to voluntarily disclose a brief note like:

“Cosmetic kitchen updates undertaken in [year], no structural or owner-builder works.”

This protects everyone from future misunderstandings.

The Risk of Not Disclosing

If a purchaser finds out later that works were carried out without required disclosure—especially owner-builder or permit-triggering works—they may:

  • Rescind the contract before settlement under Section 32K;

  • Seek compensation for defects or warranty breaches;

  • Demand retrospective approvals, causing delays.

Worse, if the buyer believes the vendor acted deceptively, it could escalate into legal action.

A Conveyancer’s View: Transparency Always Wins

As explained by David Dawn, Licensed Conveyancer at Victorian Property Settlements:

“We’ve seen deals fall over at the last minute when a buyer’s building inspector found works that were never disclosed—sometimes even kitchen reconfigurations. If there’s one rule: when in doubt, disclose.”

For Buyers: Don’t Ignore the Kitchen

If you’re buying a property and notice a fresh kitchen:

  • Ask your conveyancer to confirm whether the works were disclosed;

  • Request copies of permits or compliance certificates;

  • Ensure any owner-builder works are properly covered by warranty.

Remember: a modern kitchen can hide serious compliance gaps.

Conclusion: Small Renovation, Big Obligation

Replacing a kitchen may feel like just an upgrade, but legally, it could trigger significant building disclosure obligations.

If you’ve done kitchen works—or are buying a property where works have been done—get clear advice before you sign.

Need Advice About Your Property Disclosure Obligations?

At Victorian Property Settlements, we’ve spent over 25 years helping vendors and purchasers navigate tricky contract and building law issues. If you're unsure what needs to go in your Section 32, get in touch for advice that keeps your deal on track.

📞 Call us on (03) 9783 0111
🌐 Visit: www.victorianpropertysettlements.com.au