Section 173 Agreements

 

 

Council often includes a condition in a planning permit that the owner of the land (or an applicant who may become the owner of the land) is to enter into an agreement with the responsible authority, known as a Section 173 Agreement.

To ensure consistency in content and format, Council has developed agreement templates.  The use of these templates is mandatory.  Agreements that are not submitted in the formats below will not be accepted by Council.

Four word templates are available from the office by phoning 5320 5640 or by emailing Ballcity@ballarat.vic.gov.au. Three of which relate to the most common type of agreement sought:  tying development to a prior permit; private waste collection; and stormwater arrangements.  A general template is provided for all other types of agreement matters.

When completing the relevant template, all highlighted prompts will need to be addressed and deleted as required.  Please ensure careful attention is paid to the following:

  1. The correct name and address of the owner of the land is inserted, consistent with
    the Certificate of Title. 
  2. If any mortgagee is acknowledged on the Certificate of Title, the agreement will
    require acknowledgement of that mortgage and the mortgage will be required to
    execute the document by way of acknowledgement.
  3. The precise details of the subject land must be inserted.
  4. The document must be properly executed and witnessed.

Council is responsible for ensuring the registration of all agreements at the Titles office.  This process is outsourced.  A fee is payable per each registration. 


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