Residential property gives people a lot of security, but doesn`t mean they can do whatever they want on their property. In Victoria, Section 173 of the Planning and Environment Act 1987 authorizes a local council and landowner to enter into an agreement limiting the use of the land. These, commonly referred to as Section 173 agreements, may prevent surfaces from being subdivided, used for staggered developments, or may require the maintenance of certain soil characteristics. Provey Conveyancing helps many clients review Section 173 agreements, Section 173 contract withdrawals and other contract review work. When considering buying land, it is important to check if 173 agreements are registered on the title. This way you can see what the restrictions are before you buy. An agreement is like any other contract. It must be negotiated and agreed upon by all parties involved. Sometimes an agreement under Section 173 may be required through a planning scheme or authorization. If this is the case, it must be completed before beginning an evolution. But everyone still has the right to negotiate the agreement.
It is a good idea to have a lawyer represented in these negotiations. In the section 173 agreement, it may end. Typically, it`s when something happens or on a given date. If it does not say when it will end, it can only be lifted if anyone party to the Agreement agrees to amend it. Section 173 Agreements may seem complicated, but they can give you some certainty about what you can do with your property. To make sure they don`t hinder your development, it`s important to get good advice before entering one. Depending on the complexity of the agreement, the amendment/end proposal is dealt with by Council officials and may be referred, if necessary, to Council lawyers. An agreement may end after an event or a specified period if described in the agreement. If the agreement does not provide a mechanism to terminate the agreement, the owner or any other interested party may submit a request to the Commission to terminate the agreement.