Section 173 agreements

Your property could be affected by a Section 173 Agreement registered on title. It is important that you know if your property is subject to a Section 173 Agreement. If it is, you need to understand what it restricts.

What are Section 173 Agreements

A Section 173 Agreement is a legal agreement made between Council and the landowner under Section 173 of the Planning and Environment Act 1987. In some cases a third party, such as a referral authority, may be involved in an agreement.

A Section 173 Agreement may be required by Council in a planning permit to set out requirements or restrictions on the property for current and future landowners

Example scenarios where it may be used include to:

• protect native vegetation
• restrict development to within an approved building envelope
• prevent development in an approved building exclusion zone
• ensure land is developed according to a planning permit
• secure planting to compensate for approved removal of native vegetation
• prevent the further subdivision of land.

Agreements are prepared by a solicitor, and all costs through to the registration of the agreement are to be met by the applicant. 

Check your agreement before starting work

Talk to us before you start buildings and works or vegetation removal which is restricted or prohibited in a Section 173 Agreement.

There are penalties for breaching a Section 173 Agreement.

Asking to vary an owner obligation in an agreement

If your Section 173 agreement includes the phrase ‘except with the prior written consent of Council’ you can apply to vary a requirement or ‘owner obligation’ of the agreement. To vary an obligation, you need to apply for ‘miscellaneous consent’.

Go to request miscellaneous consent.

Ending or amending a Section 173 Agreement

An agreement may include details of its end - perhaps after a specified event or time period. If the agreement is no longer relevant, you can request to end the agreement. 

You can also apply to amend the wording within an agreement.

We recommend that you get legal advice and talk to us before applying to end or amend an agreement. 

Go to amend or end a Section 173 agreement (19P) – planning application checklist.