Section 173 Agreement Template

In order to facilitate and standardize the preparation and form of the agreement, a template has been provided below. Once concluded, an agreement is written on the title of the land under article 173 and is a legally enforceable document. It is therefore important that agreements are carefully drafted and implemented in accordance with Article 173. This means that if you do not agree with the terms of the agreement, you must make a request to the Council. Several boards may have different procedures for making amendments to section 173 agreements. Depending on how your city council works, it may or may not provide a template for a Section 173 agreement. Agreements are usually between Council and a landowner. But this is not always the case since a third party can sometimes be involved. If they don`t provide a template, a lawyer can help you do it right the first time, reducing the costs and stress of the trial. These agreements are named after section 173 of the Planning and Environment Act 1987. If you are unable to agree with the Council on an amendment to the agreement, you can request a review of the decision, which is usually done through the CTAV. Like other agreements, an agreement under Article 173 is a contract of legal quality. However, the advantage of a section 173 agreement is that it can be registered on the ownership of the land, so that the owner`s obligations under the agreement are binding on the future owners and users of the land.

An agreement under Article 173 may also be applied in the same way as a condition of authorisation or a planning plan. The competent authority may negotiate an agreement with a landowner to define conditions or restrictions on the use or development of the land or to achieve other planning objectives concerning the land. (For VicSmart applications, the competent authority is your city council.) The following template may be used for an agreement under Section 173: Model Agreement under Section 173. Rose Lawyer and Conveyancers are experts in all kinds of real estate matters. Whether you need a Section 173 agreement due to a subdivision or want to change the agreement for a property you have purchased, Rose Lawyers can help. Please note that, in accordance with the requirements of Land Use Victoria, photocopies and double-page versions of the agreement are not accepted. An agreement within the meaning of Article 173 must be concluded in the event of a successor to the Council. The Agreement is binding on you and all subsequent landowners until terminated after an event or period determined by the Agreement. Once the Council has signed and returned the agreement in accordance with Section 173, you must file the agreement with the Land Use Victoria. For more information on fees and filing a Section 173 agreement, please visit the Land Use Victoria website.

A lawyer can contribute to the development and negotiation of contractual terms and, where appropriate, to the verification process with the VCAT. Once the agreement has been registered under section 173, the final step is to send the Council the Land Use Victoria Lodgement Report or a recent copy of the title with the agreement registered in accordance with section 173 with the trade number. . . .