Legal Insights

Section 173 Agreements

• 26 February 2020 • 2 min read

Maddocks regularly prepares section 173 agreements for Victorian councils and planning permit holders. Our service involves the preparation, negotiation, execution and registration of these agreements.

About section 173 agreements

When a council grants a planning permit, they may require a ‘section 173 agreement’. This is an agreement made under section 173 of the Planning and Environment Act 1987 (Vic) between the landowner and the responsible authority (which, in most cases, will be the council). Its purpose is to control the use or development of land, most commonly post-subdivision.

Getting started

When we are instructed to act for the council, you will be required to provide us with a copy of the following documentation:

  • the planning permit(s)
  • any endorsed plans
  • certificate of title (if available)
  • a written request for Maddocks to prepare the agreement
  • your contact information (telephone, email and postal address).

To ensure you provide us with all the required information and documentation, please complete our document checklist.

Our process

Based on your documentation, we will provide you with a fee proposal setting out the cost and process for the preparation and registration of the section 173 agreement. Upon acceptance of the fee proposal:

  • a draft agreement will be sent to you and the council within 10 business days for your review and approval
  • the final form agreement will be provided to you for signing and then to the council for signing
  • we will attend lodgement of the agreement on the certificate of title to the land at Land Victoria
  • you and the council will be notified upon registration
  • an original, signed section 173 agreement will be returned to you for your retention.

Need to discuss your section 173 agreement?

Get in touch with the team.

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