If you are a resident or business owner operating in the City of Melbourne, you may have heard of the term `Section 173 Agreement`. This is a legal document that outlines specific conditions and restrictions on a piece of land or property, and it is used by the local council to enforce planning and environmental regulations.

What is a Section 173 agreement?

A Section 173 agreement is a legal agreement between the owner of a piece of land and the local council. It is a legal document that is registered on the property title and outlines any conditions or restrictions that must be adhered to in regards to the use or development of that piece of land.

Why is a Section 173 agreement required?

Section 173 agreements are required to ensure that development within the City of Melbourne meets planning and environmental regulations. They are used to protect natural resources, control land use, and conserve heritage sites and buildings. For example, a Section 173 agreement might require that any development on a particular piece of land must adhere to specific environmental standards, or that a heritage building cannot be demolished or altered in any way.

How are Section 173 agreements enforced?

Once a Section 173 agreement is in place, it is legally binding and enforceable. The City of Melbourne has the power to enforce compliance with the agreement, and failure to meet the conditions outlined in the agreement can result in legal action being taken against the property owner.

How can I find out if a property is subject to a Section 173 agreement?

If you are interested in purchasing or developing a property within the City of Melbourne, it is important to find out if there is a Section 173 agreement in place. This information can be obtained by conducting a title search on the property, which can be done through the land titles office in Victoria.

In conclusion, a Section 173 agreement is an important legal document that protects natural resources, controls land use, and conserves heritage sites and buildings within the City of Melbourne. If you are considering purchasing or developing a property within the city, it is essential to be aware of the existence and implications of any Section 173 agreements that may be in place.