A Section 173 Agreement is a legal contract made between Council and another party, usually the property owner, under Section 173 of the Planning and Environment Act 1987 (Vic). The agreement specifies what can or cannot be done on the land. For example the agreement may state no development or subdivision is allowed on the land, vegetation on the land must be protected or maintained, or that a facility on the land must be maintained. This agreement is registered on the title and stays with the land even if the ownership of the land changes.
A planning permit might include conditions relating to a Section 173 Agreement.
Preparing an agreement
Section 173 Agreements must be prepared by a legal practitioner at the owners expense. It is at the discretion of the owner to engage someone to prepare the Agreement. Council has engaged Harwood Andrews to check Agreements and to register Agreements on Title.
A checking/review fee will be incurred if the Agreement is drawn up by a firm other than Harwood Andrews.
You may choose to use Harwood Andrews to draw up the Agreement and avoid the checking fee. For more information contact Clare McKenna by email at CMcKenna@ha.legal, by phone on 5226 8533, or through their online portal at www.harwoodandrews.com.au/173