Some Planning Permits will have a condition stipulated that a Section 173 Agreement will need to be entered into and lodged with Land Titles, to arrange for this a request should be submitted in writing to email@example.com stating the following:
- Planning Permit number
- Property Address
- Property owner details
- Title for property concerned
Once received the applicant has the following two options available:
- Council Lawyers draw up agreement and lodge with Land Titles, the associated fee is listed on the Forms, Fees and Checklists page of HSC website
- Your chosen Legal Representative draws up the agreement and this is reviewed by Council Lawyers, the associated fee charged is to cover full costs incurred – Please note that if this option is preferred Council Lawyers will need to lodge agreement with Land Titles
It is the applicant’s responsibility to sign and have witnessed the agreement and have relevant Authorities, including in some instances the Mortgagee, sign agreement and return to Council’s Planning Department for the Council’s delegate signature as a final step before Council Lawyers lodge the agreement with the Land Titles.
Registration of a Section 173 Agreement:
A S173 Agreement must be registered on the title to the land to which it applies. This ensures that all future landowners are aware of, and bound by, and must comply with the requirements of the S173 Agreement in full. It is the applicant’s responsibility to ensure that the Agreement is registered at the title’s office in a timely manner.
The applicant will be invoiced at the end of the process and once completed will be advised by Councils Lawyers of the dealing number associated with application.