Change of Title Ownership

Subdivisions

Covenant Changes

Consultancy

Section 173 Agreements

A Section 173 Agreement will generally be a requirement of a condition placed on your Planning Permit by Council. Not all Planning Permits issued by Council require a Section 173 Agreement and we can check your Permit carefully to determine as to whether you need to act on one.

A Section 173 Agreement is a legal contract made between your local Council and any other party or parties, under Section 173 of the Planning and Environment Act 1987. There are a number of requirements that will be set by the local Council and that you, as the landowner, need to comply with when entering into a Section 173 Agreement, some of which are:

• The prohibition, restriction or regulation as to the use or development of the land.
• Conditions which the land may be used or developed for a specific purpose.

A Section 173 Agreement may also be required to:

• To establish monetary contributions for road construction
• To establish a development contribution levy
• To provide for the provision of infrastructure
• To protect native vegetation
• To provide for maintenance of a facility on the land

Verification of Identity and Client Authorisation

Verification of identity (VOI) is a government mandated identity check for all parties to a property transaction. This process requires face-to-face verification with an authorised identity agent, at which time you will need to present certain identifying documents.

Foreigners must provide a valid passport, a change of name or marriage certificate (if applicable) and either:

1. Another form of government issues photographic identity document
2. Full birth certificate AND another form of government issued identity document

For persons located overseas, you are required to have your VOI completed in an Australian consulate, and the identifying agent must also complete an overseas witnessing certificate (provided to you by your conveyancer).

Both local and foreign vendors are able to have their VOI completed in Australia by a number of different service providers, including ZipID, Australia Post, and we can also complete your VOI check in our office.

The client authorisation form must be completed and witnessed at the same time as your VOI check, and this allows your conveyancer to complete your conveyance electronically (electronic conveyancing has been compulsory in Victoria since 2018).