A Section 173 Agreement will generally be a requirement of a condition placed on your Planning Permit. Not all Planning Permits have this requirement but you will need to read the conditions carefully and act on it if required to do so.
A Section 173 Agreement is a legal contract made between Council and any other party or parties, under Section 173 of the Planning and Environment Act 1987. There are a number of requirements set by Council and the Title Registration Service that you, as the landowner, need to meet when entering into a Section 173 Agreement.
An agreement specifies what a person can or cannot carry out. An Agreement will provide for specific requirements set out for Council where a Planning Permit condition may not be enforceable or where there is a specific obligation that is required to run with the Title of the land (so that future landowners are bound by the requirement).
An Agreement may provide for:
A Section 173 Agreement may be used:
Agreements are normally prepared by your solicitors. The cost of preparing agreements is met by you, the applicant.
The following requirements are set out by the Title Registration Service and should be forwarded to your solicitor to assist in the preparation of an agreement: