We review the statements in section 32 and discuss the important facts contained in those documents. As long as the board and the owner (or future owner) of the property are part of the agreement, other organizations or individuals may also be involved in the agreement. This may include: Depending on the complexity of the agreement, the final amendment/proposal will be handled by Council officials and may be referred to Council lawyers if necessary. It is the applicant`s responsibility to ensure that the contract is registered with Land Victoria in a timely manner. If you are considering subdidizing or entering into a section 173 agreement, our highly qualified team may be able to assist you. Your advice may or may not provide you with a template for the agreement. If no model is provided, the use of real estate lawyers can relieve stress and reduce the financial burden that these issues can cause. We are able to help you draft and negotiate the terms of your agreement to achieve the best results. If a template is provided, we can also help you review and accompany you through the process. You can only have 1 article 173 in an agreement, but if you need more than 1 restriction, it can be listed at the bottom of the title. § 173 Agreements are usually concluded between a municipal council and the owner of a property. Therefore, if you want to develop a property in Box Hill, you may be asked to enter into a section 173 agreement with the City of Whitehorse. An agreement under section 173 of the Planning and Environment Act 1987 allows a council to restrict how a sub-party uses land in the future.
Some common things found in these agreements are: When the land is divided, parts of the land can be sold or transferred. When this happens, the agreement remains intact, but anyone who buys part of the subdivided land also becomes a party to the agreement. Finally, keep in mind that if you do not respect the terms of an agreement, you may be fined and possibly prosecuted in a court of first instance. The Council may also apply for an enforceable title to prevent you from breaking the terms of the agreement. An agreement can be prepared by lawyers acting on your behalf or on behalf of the local council. The contract must be prepared to the satisfaction of all parties entering into the agreement, so that when your lawyer drafts the agreement, it must be approved by counsel for the board. You must pay the legal fees incurred when creating the document. Some boards have their own in-house lawyer who can prepare the agreement for you for a fee. For example, Frankston City Council offers this service; otherwise, you can hire a lawyer you choose to draft the agreement. This is a service we offer.
Section 173 agreements may seem complicated, but they can give you some certainty about what to do with your property. To make sure they don`t hinder your development, it`s important to get good advice before entering one. .