What is a Section 173 Agreement?
An Agreement under Section 173 of the Planning and Environment Act (or Section 173 Agreement) is a legal agreement between us and the owners of a property that is registered on a property title. The agreement is entered into as a means of:
- Requiring the owner to carry out certain actions in accordance with the conditions of a planning permit.
- Placing ongoing obligations on any future owner/s of land where a development has been completed.
We commonly draft agreements as a condition of issuing a permit for the subdivision of land. The conditions include:
- An obligation to complete development in accordance with the endorsed plans of an issued development planning permit, that allows for the issuing of a statement of compliance prior to the completion of the development.
- Obliging future owners to share maintenance costs and responsibilities for the onsite stormwater detention management system constructed as part of a development.
- Any other requirement specified in the conditions of the planning permit.
What kind of requests can you lodge to us?
You can lodge the following requests using the submission tool:
- A request for us to draft and lodge a Section 173 Agreement.
- A request for us to review and lodge a prepared agreement.
- A request to amend or end an existing agreement.
How much does it cost?
The fee will depend on the specific type of request from the list above.
How to prepare for your request:
You will need the following for each of the request types:
Drafting of a new agreement
If drafting a new agreement, you will need the following:
- A full copy of your property title that’s no more than three months old. You can get a new copy from Landata.
- You must get endorsement of all plans from permits associated with this agreement. You will get a prompt to enter endorsement dates for all relevant plans.
- If the registered owner is a company, a current ASIC search extract produced within the last seven days that clearly details the registered Australian Company Number (ACN) and all company directors and secretaries
Review of a prepared agreement
All information required for the drafting of a new agreement, plus:
- a draft copy of the prepared agreement in an editable format such as a word document.
Amending or ending an agreement
You should contact us to see if we agree in principle to amend or end the agreement. You will need:
- a full copy of the property title, including a digital copy of the existing agreement
- a cover letter either requesting an end or specifying changes to the agreement in accordance with s 178(2) of the Planning and Environment Act.
How to lodge your request
Search for your Permit on our Planning Applications Portal to lodge your request.
Requests to end or amend existing agreements may not be available online for agreements registered in relation to permits issued before 2017.
How to pay
Pay by invoice (Credit or debit card, BPAY or Post BillPay)
Once a request is received, an invoice will be issued via email for payment of the request. Payment can be made by credit or debit card via our website – or through BPAY or Post BillPay using the details on the invoice.
What happens next?
The process of registering a section 173 Agreement involves several steps, and may take over two months to complete.
For new agreements
- We will review all the information given to us to make sure that we have all relevant documentation, including endorsed plans and documents. We will either send an invoice with a fee or ask for more information within three business days.
- After receiving payment, we will draft the agreement or review the submitted agreement, making the required changes.
- After finishing preparation or review, we will send a digital copy of the agreement to the registered contact person. We will need two printed copies of the agreement, signed by all relevant parties. You will need to give us the two original copies.
- We will review the returned agreements to make sure they are signed before an authorised officer signs the agreements.
- The agreement will go for formal review and lodgement with Land Use Victoria. The agreement is then registered on title and we will consider all conditions met.
Amending or ending agreements
- We will make sure that we have all relevant information and documentation. Then, we will either send you an invoice with a fee, or ask for more information within three business days.
- If the agreement affects more than one property, you must give notice about the proposal to the other affected properties in accordance with section 178C of the Planning and Environment Act.
- We will then issue a decision to amend or end the agreement. We will send you a formal letter stating you can amend or end the agreement. Your legal representative must lodge and complete an application at Land Use Victoria.