{"id":2290,"date":"2023-11-01T10:32:56","date_gmt":"2023-10-31T23:32:56","guid":{"rendered":"https:\/\/www.upco.com.au\/?p=2290"},"modified":"2023-11-01T11:24:45","modified_gmt":"2023-11-01T00:24:45","slug":"what-is-a-section-173-agreement","status":"publish","type":"post","link":"https:\/\/www.upco.com.au\/what-is-a-section-173-agreement\/","title":{"rendered":"WHAT IS A SECTION 173 AGREEMENT?"},"content":{"rendered":"\n
When <\/em>Victoria\u2019s recent planning reforms<\/em><\/a> were announced, section 173 agreements were referred to more than once. So, we thought we\u2019d have UPco Associate Director Sarah Thomas explain what they actually are, and how they affect those looking to buy and develop land.<\/em><\/p>\n\n\n Section 173 agreements (s173 agreements for short) can have a significant impact on how you can use or develop your land.<\/p>\n\n\n\n Essentially, it\u2019s a legally binding agreement that is made voluntarily between a responsible authority (such as a council) and a current or prospective landowner. It places specific restrictions or conditions about how the land is used and\/or developed.<\/p>\n\n\n\n For example, a s173 agreement may stipulate that certain trees on the site are protected, or that the landowner must have public liability insurance for a pedestrian path that\u2019s within the site boundaries. S173 agreements also often relate to affordable housing obligations and environmental audit requirements \u2013 they can even include design guidelines (this is often seen in new estates). <\/p>\n\n\n\n The power to enter into these agreements is outlined in section 173(1A) of the Planning and Environment Act<\/em> 1987 (otherwise known in the planning world as the Act).<\/p>\n\n\n\n A s173 agreement is recorded on the title to the land. This means that it can impose an ongoing obligation on landowners and the responsible authority, often binding future landowners in perpetuity.<\/p>\n\n\n\n S173 agreements also differ from restrictive covenants. The latter are typically negative, preventing certain things from happening, such as building anything on a certain site apart from one private dwelling. In contrast, s173 agreements can be positive (such as making a landowner commit to providing access to a shared walkway, or providing and maintaining a certain amount of affordable housing).<\/p>\n\n\n\nFirst thing\u2019s first. What is a <\/strong>section 173 agreement?<\/strong><\/strong><\/h3>\n\n\n\n
How is it different to a permit condition or <\/strong>restrictive covenant<\/strong>?<\/strong><\/h3>\n\n\n\n
What are the pros and cons of a s173 agreement?<\/strong><\/h3>\n\n\n\n