Section 173 Agreement Template

As with other agreements, a Section 173 agreement is a legal contract. However, the advantage of a Section 173 agreement is that it can be listed on the land, so that the owner`s obligations under the contract bind the future owners and occupants of the land. A Section 173 agreement can also be applied in the same way as an authorization condition or planning scheme. The model below can be used for an agreement in accordance with section 173: Section 173 Agree model. 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. 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. Rose Lawyer and Conveyancers are experts in all types of real estate business. Whether you need a Section 173 agreement or want to change the agreement for a property you`ve purchased, Rose Lawyers can help. Please note that, in accordance with Land Use Victoria requirements, photocopies and bilateral versions of the contract are not accepted. In order to facilitate and standardize the preparation and form of the agreement, a model was presented below.

An agreement under Section 173 must be reached if requested by the Commission. The agreement binds you and all subsequent owners until it expires after an event or period specified in the agreement. Once the Council has signed the agreement under Section 173 and returned it to you, you must submit the agreement to the Land Use Victoria. Following the conclusion of the Section 173 contract, a Section 173 agreement is entered on the title of the land and a legally enforceable document. It is therefore important that the section 173 agreements be carefully developed and implemented. These agreements are named under Section 173 of the Planning and Environment Act of 1987. If they don`t provide a template, a lawyer can help you do it right the first time, reducing costs and stress in the process. The competent authority may negotiate an agreement with a landowner to set conditions or restrictions on the use or development of the land or to achieve other planning objectives for the land. (For VicSmart`s applications, your city council is the appropriate authority.

If you are working from the Council`s submission agreement, it is helpful for your lawyer to also verify this, as each ownership issue will be different. Depending on the work of your city council, it may or may not provide a template for a Section 173 agreement. For more information on fees and the filing of a Section 173 contract, please visit the Land Use Victoria website. A lawyer can assist in the development and negotiation of contractual terms and, if necessary, in the verification process with VCAT.

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