You may be required to enter into a Section 173 Agreement if your projects can’t meet a special condition in your non-works or works offer, or to comply with a Melbourne Water planning permit condition.

​A Section 173 Agreement is a legal contract made between council, the owner of land and a referral authority, such as Melbourne Water.  A Section 173 Agreement is registered on the title to the land so that future owners of the land are bound by the obligations of that agreement.

Application process

You are required to lodge this application in order to comply with a Melbourne Water condition on your non-works, works offer, or planning permit. Once we have received the application we will start the legal agreement process.

Documents required

  • copy of your planning permit

  • council’s acceptance to be party to the agreement, if applicable

  • copy of the current titles of the property including the plan of subdivision


The time involved in the preparation and execution of the agreement will vary according to the complexity of the project.


All costs to be paid by the applicant.

Contact us

If you need any help to complete this application, contact us on 131 722.

Last updated:
15 November 2019