A section 173 agreement is a legally binding agreement between a property owner and the local council in Australia. This agreement sets out the restrictions and obligations that the property owner has in relation to the use and development of their land. However, there may come a time when the property owner wants to remove this agreement. Here’s how to do it:
Step 1: Understand the Agreement
Before you can start the process of removing a section 173 agreement, you need to understand what it is. This agreement is a legal contract between the property owner and the council that limits the use of the land. It is often put in place to protect the environment, heritage sites, or to maintain the character of the area. The agreement can be removed, but it can be a complex and time-consuming process.
Step 2: Determine why the Agreement needs to be Removed
There are several reasons why a property owner may want to remove a section 173 agreement. For example, they may want to develop the land in a way that is not permitted under the agreement, or they may want to sell the land without the agreement in place. It is essential to determine the reason for removing the agreement before beginning the process.
Step 3: Check the Council Requirements
Each council has its own process for removing a section 173 agreement. It is essential to check the council’s requirements before starting the process. The council may require the property owner to submit an application and pay a fee. Additionally, the council may require that the property owner meets certain conditions before the agreement can be removed.
Step 4: Seek Professional Advice
Removing a section 173 agreement can be a complex legal process. It is essential to seek professional advice from a solicitor or conveyancer who has experience in this area. They can guide you through the process and ensure that all legal requirements are met.
Step 5: Lodge an Application with the Council
Once you have determined why the agreement needs to be removed, checked the council requirements, and sought professional advice, you can lodge an application with the council. The application should include all the necessary documents and information, including a plan of subdivision, a valuation report, and an explanation of why the agreement needs to be removed.
Step 6: Wait for the Council’s Decision
Once the application has been lodged, the council will review it and make a decision. This process can take several months, and the council may request additional information or documentation. If the council approves the application, the agreement will be removed from the property title.
Removing a section 173 agreement is a complex legal process that requires careful consideration and planning. It is essential to seek professional advice and follow the council’s requirements to ensure that the process is completed correctly. With patience and persistence, it is possible to remove the agreement and develop the land according to your desires.