What is a s173?
A Section 173 Agreement is a Contract between the Council and a landowner that places restrictions on how you can use the land. These agreements are named after Section 173 of the Planning and Environment Act 1987.
How do I get a Section 173 agreement?
- A Section 173 places restrictions on how you can use the land.
- Section 173 Agreements require you to adhere to specific building and landscaping restrictions.
- Both Landowners and the Council must agree to any changes made to a Section 173.
- If you want to negotiate the terms of a Section 173, a lawyer can help.
How do I get rid of a s173 agreement?
You can apply to amend or end a Section 173 Agreement on a land title. Depending on the complexity of the agreement, the amending/ending proposal will be dealt with by council officers and may be referred to council’s solicitors if required.
What is a s173 agreement?
What is a section 173 agreement? The responsible authority can negotiate an agreement with an owner of land to set out conditions or restrictions on the use or development of the land, or to achieve other planning objectives in relation to the land. These agreements are commonly known as section 173 agreements.
Can a Section 173 be removed?
If a Section 173 is no longer required or has been finalised you can apply for a permit to have it removed from the title.
Is a 173 agreement a covenant?
What is a Section 173 Agreement? An agreement made under Section 173 of the Planning and Environment Act 1987 may be registered on a title and restrict the way land is used or developed. This is an agreement made between Council and the landowner. A Section 173 Agreement is not a registered restrictive covenant.
How do I find covenants on my property in Victoria?
To determine whether your property is affected by a restrictive covenant, contact the Land Titles Office at the Department of Environment, Land, Water and Planning. The existence of a restrictive covenant is recorded on the Certificate of Title for the land.
Is planning permission legally binding?
Planning obligations are legal obligations entered into to mitigate the impacts of a development proposal. Planning obligations run with the land, are legally binding and enforceable. A unilateral undertaking cannot bind the local planning authority because they are not party to it.
Can I remove a covenant from my property?
If it is not enforceable then an application can be made to the Land Registry to remove the covenant from the deeds. If a landowner feels a restrictive covenant is unreasonable, they may have a case for having it removed altogether or, if that’s not appropriate, possibly varying or amending the covenant.
Do covenants expire?
Many HOA covenants expire after a period of time, usually between 25 to 30 years. When covenants expire, associations may choose to reinstate them through a majority vote from the membership.
What do you need to know about Section 173 agreements?
Section 173 Agreements tend to guide the character and development of a neighbourhood. Section 173 Agreements require you to adhere to specific building and landscaping restrictions. A Section 173 Agreement must be entered into if and when required by the Council.
What does section 173 of the planning and Environment Act mean?
These agreements are named after Section 173 of the Planning and Environment Act 1987. Section 173 Agreements tend to guide the character and development of a neighbourhood. They are also intended to ensure compliance with conditions contained in permits granted by the Council and are often used in subdivision matters.
When do I need a section 173 permit?
Generally speaking, however, when people obtain a permit they may also be required to enter into a Section 173 Agreement that provides continuous restrictions or ongoing requirements on the use or development of the land. Section 173 Agreements tend to guide the character and development of a neighbourhood.
