development

Section 173 Agreements

NOTICE

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, 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.
  • Email to planning@wellington.vic.gov.au with a current copy of title (less than three months old). A copy of title can be purchased from www.landata.vic.gov.au
  • Once your draft has been approved by Council, forward three signed original agreements including mortgagees consent (if applicable) 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.

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.

Section 173 Agreement Template

The following template can be used for a Section 173 Agreement: Section 173 Agreement Template.

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This page was last published on: 
Tuesday, March 16, 2021

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