Section 173 agreements: what they mean for Victorian land

Section 173 of the Planning and Environment Act lets the responsible authority, usually the council, make an agreement with a landowner, or with a buyer about to become the owner. Councils often require one as a condition of a planning permit, to secure obligations that need to last beyond the permit.

Typical subjects include limits on further subdivision, building envelopes, protecting vegetation, maintaining an effluent system on rural land, staging a development or paying contributions. The terms vary a lot, so read the agreement itself.

Planning Victoria is clear that a section 173 agreement isn't a registered restrictive covenant, even though both appear on the title and both bind future owners.

Look at the title. Once the council lodges the agreement with the Registrar of Titles, it's noted on the Register Search Statement under Encumbrances, Caveats and Notices as an agreement under section 173 of the Planning and Environment Act 1987, with a dealing number and date.

The title tells you an agreement exists, but not what it says. For that you need the agreement document.

Title Registry doesn't sell copies of section 173 agreements yet. At launch we sell the Victorian title search (A$79), which shows whether there's an agreement and its dealing number, with a one-page plain-English summary. The Title + Full Report (A$109) explains each title entry and lists questions to ask your conveyancer or the council.

• From LANDATA: order an instrument search using the dealing number on the title. It's A$5.90 on the LANDATA website or A$7.80 for account holders in 2026-27.
• From the council: councils must keep a copy of each agreement, and many will provide one on request.

• Buying: the agreement binds you as the next owner, including any obligation to do something, such as maintain plantings or a wastewater system. Your conveyancer will check it as part of the contract.
• Building or extending: a building envelope or a restriction in the agreement can apply on top of the planning scheme.
• Subdividing: many agreements limit further subdivision. Check before you pay for designs or surveys.

Yes, in some cases. Councils have a process to amend or end an agreement, usually starting with an application to the council. If the council refuses, VCAT may be able to review the decision. Once an agreement is ended, the council applies to have it removed from the title.