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Section 173 Agreement Template

These agreements are named under Section 173 of the Planning and Environment Act of 1987. 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. Once you have completed, 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. Once the agreement has been registered under Section 173, you must send the Victoria Employment Report or an updated copy of the title with the Section 173 agreement registered with the trade number. This can be emailed to planning@wellington.vic.gov.au. 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. Once the Council has signed the agreement in accordance with Section 173 and returned it to you, you must submit the agreement to the Land Use Victoria. In order to facilitate and standardize the preparation and form of the agreement, a model was provided below. 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. This means that if you do not agree with the terms of the agreement, you must apply to the Council. Different councils may have different procedures for amending section 173 of the agreement. 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 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. 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.

Agreements are usually reached between the Council and a landowner.