Section 173 Agreements

Some planning permits may include a condition which requires the preparation of an agreement between Council and the owner under Section 173 of the Planning and Environment Act, 1987 (e.g. to restrict further subdivision of the land). 

Once completed, a Section 173 agreement is registered on the title of the land and is a legally enforceable document.  It is important, therefore, that Section 173 agreements are carefully drafted and executed.

In order to facilitate and standardise the preparation and form of the agreement, a template has been provided below.

To prepare a Section 173 agreement:

  • Download the template below.
  • Follow the prompts for completing the template.
  • Obtain your own independent legal advice as required.
  • Print three single sided copies of the agreement
  • Ensure that all signatures are obtained on all three agreements including mortgagees consent (if applicable) 
  • Forward all three signed original agreements and payment of fee  to: Wellington Shire Council, Land Use Planning Department, PO Box 506, SALE  VIC  3850.

Please note that as per Land Use Victoria requirements, photocopies and double sided versions of the agreement will not be accepted.

Please refer to Council's Planning Fees for Preparation/Review of a Section 173 Agreement and/or Application to Amend/End an Agreement.   A credit Card Authorisation Form can be obtained here (140KB).

Once Council has signed and returned the Section 173 agreement to you, it will be necessary for you to lodge the agreement at the titles office (Land Use Victoria). 

Further information regarding fees and how to lodge a Section 173 agreement can be obtained from the Land Use Victoria website.   

Once the Section 173 agreement has been registered, the final step is for you to send Council the Land Use Victoria Lodgement Report, or a current copy of title showing the registered Section 173 Agreement with dealing number.  This can be emailed to  

planning@wellington.vic.gov.au 

If you require further assistance, please contact the Planning Administration team on 1300 366 244.

 

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