Section 173 Agreement Search

§ 173 Agreements (“S173”) are complex and are often inappropriately sought or challenged. Where an owner or other person fails to comply with an agreement referred to in section 173, a competent authority may sue or apply for an enforceable title in order to avoid any breach of the agreement. The procedures are the same as those that would apply in the event of a breach of a building permit condition. If you wish to amend an agreement under Section 173, all parties must approve the amendments, as it is a binding contract. Therefore, if you are not satisfied with the existing conditions of an agreement, you must apply to the Council. The precise process for dealing with proposed changes to an agreement varies from council to council, so contact your city council for more information. If you can`t personally go to the Land Information Center, you can buy a title online or ask a title finder to find the information. More than 3,000 properties in the Shire of Nillumbik have an agreement in accordance with Section 173, which is registered on the title. It is therefore important for landowners (and their representatives) to know whether or not a Section 173 agreement infringes their property and, if so, they understand their obligations under the agreement. Independent legal advice may be required to achieve a full understanding of the Section 173 Agreement. Country titles are held by Land Victoria and can be searched for a fee.

You can visit the Land Information Centre to search for a title and other information: For information on section 173 agreements, see Chapter 8 of Using Victoria`s Planning System. These agreements are a legal instrument that can be implemented by the competent authority (usually by the Council) or by the Civil and Administrative Court of Victorian (VCAT). You must meet strict requirements to obtain a building permit in order to remove or vary a registered restrictive agreement. The requirements are laid down in paragraphs 60(2) and (5) of the Act. A restrictive pact is a private contract or written agreement between landowners that limits how land can be used and developed….

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