Section 173 Agreement Meaning

Some councils have their own in-house lawyer who can prepare the agreement for you for a fee. For example, Frankston City Council offers this service. Alternatively, you can use a lawyer you choose to develop the agreement. It`s a service we offer. A lawyer will be able to assist in the development and negotiation of the terms of the agreement as well as in the verification process with VCAT, if any. In Victoria, the restrictions on real estate are described in detail under an agreement known as Section 173. Let`s take a closer look at how these agreements work and how they might affect you. Agreements are usually reached between the Council and a landowner. However, this is not always the case, as a third party may sometimes be involved. A landowner is usually the other party to an agreement.

In some cases, a third party may also be involved, for example. B a removal authority. If you fail to reach an agreement with the Council on an amendment to the agreement, you can request a review of the decision, which is usually done through VCAT. Section 173 of the agreements is usually concluded between a city council and the landowner. Therefore, if you wish to develop a property in Box Hill, you may be invited to enter into an Agreement under Section 173 with the City of Whitehorse. If you want to divide the land in Portsea, the deal with the Mornington Peninsula Shire would be. Residential property gives people a lot of security, but doesn`t mean they can do whatever they want on their property. In Victoria, Section 173 of the Planning and Environment Act 1987 authorizes a local council and landowner to enter into an agreement limiting the use of the land. These, commonly referred to as Section 173 agreements, may prevent surfaces from being subdivided, used for staggered developments, or may require the maintenance of certain soil characteristics. In the event of termination or modification of an agreement, the competent authority must notify the Registrar of Titles, using the required form, of the cancellation or modification of the protocol of the agreement. The terms and conditions in an agreement bind all current and future landowners and occupiers until a particular event occurs or a certain period ends.