Section 173 agreements may seem complicated, but they can give you some security about what you can do with your belongings. To make sure they don`t hinder your development, it`s important to get good advice before typing one. Depending on the complexity of the agreement, the proposed amendment/final is handled by Council officials and may, if necessary, be referred to Council lawyers. These agreements are named after section 173 of the Planning and Environment Act 1987. See: www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/paea1987254/s173.html (1) A competent authority may enter into an agreement with an owner of land in the area for which it is responsible. 4. If a contract concluded with a buyer pending the buyer`s ownership is not bound by the Registrar of Titles, unless the seller assumes the rights and obligations of the buyer of the contract. These agreements are named after section 173 of the Planning and Environment Act 1987. This means that if you do not agree with the terms of the agreement, you must make a request to the Council. Several boards may have different procedures for making amendments to section 173 agreements. Like other agreements, an agreement under Article 173 is a contract of legal quality. An agreement is applied in the same way as a condition of authorization or a planning plan. It can also be seen as a disadvantage for potential future owners, which affects the sale value of the land.
** In accordance with Section 178E of the Act, the competent authority may decide to amend or terminate the Agreement in accordance with the Proposal; to amend or terminate the agreement which is not materially different from the proposal; or refuse to modify or terminate the Agreement. 3. A competent authority may conclude an agreement with a person pending the conversion of the owner of the land in accordance with paragraphs 1 or 1A. It is the applicant`s responsibility to ensure that the contract is registered in time with Land Victoria. This can be difficult if there are a lot of people who are part of the agreement. This can happen if the country has been divided. Anyone must either agree to the amendment or a landowner can ask the VCAT to evaluate the proposed amendment. When it comes to CTA, the Council must support this amendment.
If the Council does not support it, it cannot be heard by the VCAT. The amendment must also be announced. If VCAT approves the change, the agreement may terminate. The Council shall request the Registrar of Titles to register an agreement on the title in accordance with Section 173. Before the contract can be registered, anyone who has granted a mortgage on the country must also agree to it being registered. . . .