• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Ballart Lawyers Logo


  • Home
  • Our Services
    • Conveyancing
    • Family Law
    • Property Law & Leasing
    • Wills & Power of Attorney
  • Central Highlands Conveyancing
  • Our Team
    • Annette Stone
    • Carly Burke
    • Cindy Halliwell
    • Elizabeth Joseph
    • Joanne Parker
    • Melissa Kinniburgh
    • Stephanie Lannen
    • Tara Leonard
  • Publications
    • Family Law Publications
      • Smart Phone Apps Assisting in Co-Parenting Relationships
      • Getting Divorced
      • Intervention Orders – What you need to know
      • Agreeing to an Intervention Order Without Admission
      • Covid-19 and the Impact on Shared Parenting Arrangements
      • Parenting Orders
    • Property Law & Conveyancing Publications
      • Statement of Adjustments – How they work
      • Verification of Identity
      • Tree Disputes with Neighbours
      • Destruction of Fence Caused by Bushfire
      • Land Tax
      • GST Withholding Regime
      • Spousal and Domestic Partner Transfers
      • Septic System and Disclosure Requirements
      • Retail Leases
      • The First Home Buyers Grant & Stamp Duty Benefits – Changes you need to know
      • Withholding Tax on Real Estate
      • What is a Section 173 Agreement?
      • Caveats – What you need to know
      • NICO ‘Not In Common Ownership’ Subdivisions
      • Buying Off the Plan
      • Electronic Signatures
      • Easements – The Basics
      • Withholding Tax Update
      • Fencing Laws In Victoria
      • Should I use a Lawyer for my Conveyancing Matter?
      • Owner Builders & Conveyancing
      • Want to Remove an Easement on Title? Here is the Basics of How
      • Restrictive Covenants Modification & Removal
      • Protecting your Neighbours Property against Building Works
      • Buyer Beware: Is a Real Estate Agent an agent for the purposes of a Notices under the Sale of Land Act?
      • Nominations
      • Rent Relief During COVID-19
      • HomeBuilder Grant
      • Subject to Finance Clause
      • Stamp Duty on Late Settlement Interest
    • Wills & Estates Publications
      • Contesting a Will (Part IV Claims)
      • Changes to Intestacy Law
      • Superannuation Death Benefits
      • Effects of Marriage and Divorce on Wills
      • Powers of Attorney – Fiduciary Duty
      • What is Probate?
    • Brochures
  • Testimonials
  • Contact Us

What is a Section 173 Agreement?

A Section 173 Agreement is a legal contract usually made between the municipal council and a landowner which places restrictions on how the landowner can use the land. Sometimes third parties such as water authorities may be a party to the Agreement.

A Section 173 Agreement will generally be a requirement of a condition placed in a planning permit. Not all planning permits will require a Section 173 Agreement, so a landowner must carefully review their planning permit to ensure that they act on the requirement if there is one.

Section 173 Agreements get their name from section 173 of the Planning and Environment Act 1987 (Vic).

Why would I be Required to enter into a Section 173 Agreement?

A Section 173 Agreement is a restriction that limits the use of the land. The Agreement binds the landowner and all subsequent landowners until the Agreement ends or is removed from the certificate title to the property.

A Section 173 Agreement may be used to:

  1. establish monetary contributions for road construction;
  2. prevent the further subdivision of land;
  3. provide for the provision of infrastructure;
  4. protect native vegetation or provide for an offset management plan;
  5. provide for maintenance of a septic system, or
  6. provide for a detainment system to reduce the discharge of water into the water system.

Preparation of a Section 173 Agreement

Section 173 Agreements are normally prepared by a solicitor. As the Agreement is a legal document it is binding on the municipal council and all other parties to the Agreement, it is important that the Section 173 Agreement is drafted, reviewed, executed and registered properly.

Any reasonable costs and expenses incurred by the municipal council in association with a Section 173 Agreement are usually borne by the landowner. This will include the cost of any review of the Agreement undertaken by the municipal council’s lawyers. A landowner will also be liable for the Land Titles Office fee for the registration of the Section 173 Agreement on the certificate of title to the property.

Registration of a Section 173 Agreement

The Section 173 Agreement must be approved and signed by the municipal council and any other party to the Agreement. It is then the landowner’s responsibility to lodge the Agreement for registration at the Land Titles Office.

Once the Section 173 Agreement is registered on the certificate of title to the land to which is applies, the municipal council and all other parties to the Agreement should be notified. Registration of the Agreement on the certificate of title to the property ensures that all future owners are aware of, and bound by, the requirements of the Section 173 Agreement.

Section 173 Agreement Legal Advice

Whether you need a Section 173 Agreement pursuant to your planning permit, you require a review of an Agreement or want to amend an Agreement for a property you have purchased, Ballarat Lawyers can assist you.

For assistance with your Section 173 Agreement queries, please contact us on 5303 0281 or at reception@ballaratlawyers.net.au.

For more information on our conveyancing arm, click here. 

The information on this website is of a general nature only. It is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice about your particular circumstances.

Liability limited by a scheme approved under Professional Standards Legislation. 

Click here to go back to Publications.

Primary Sidebar

HOURS: 9.00am – 12.30pm and 1.30pm-5.00pm. Our office is closed between 12.30pm-1.30pm.

Address: 42 Lydiard Street South, Ballarat Central VIC 3350

Main Line: 5303 0281 

reception@ballaratlawyers.net.au

Annette Stone

annette@ballaratlawyers.net.au

 Carly Burke

carly@ballaratlawyers.net.au

Cindy Halliwell

cindy@ballaratlawyers.net.au

Elizabeth Joseph

elizabeth@ballaratlawyers.net.au

Joanne Parker

joanne@ballaratlawyers.net.au

Melissa Kinniburgh

melissa@ballaratlawywers.net.au

Stephanie Lannen

stephanie@ballaratlawyers.net.au

Tara Leonard

tara@ballaratlawyers.net.au

Footer

Ballarat Lawyers

We have a team of dedicated legal professionals who will manage your legal affairs with enthusiasm and accountability.

 

Our Advantages

  • Skilled legal advice
  • Customer focused
  • Upfront on costs
  • Tailored solutions
  • Local knowledge of the area
  • Flexible to assist in meeting client needs

Contact Us

  • 42 Lydiard Street South, Ballarat Central, VIC 3350
  • 53030281
  • reception@ballaratlawyers.net.au

Copyright © 2023 · Website hosting by 61 Design · Login