You must provide the Certificate of Title for each parcel of land included in a planning permit application.
What is a Certificate of Title?
A Certificate of Title is an official record of who owns a piece of land.
The title includes the:
- covering 'register search statement'
- title diagram
- associated documents known as 'instruments', such as restrictive covenants.
What information is in a Certificate of Title?
A Certificate of Title shows:
- the date the certificate was created
- the legal details of the land
- the ownership details and any relevant caveats, covenants, Section 173 Agreements and easements.
What is a caveat?
A caveat is a note on the Title indicating that a third-party claims rights over the property. For example, a third-party could be a mortgagee.
What is a covenant?
A covenant is a private written agreement between the seller and purchaser. It restricts what the land can be used for. For example, a restriction could limit development to the construction of a single dwelling (house). It could also control the types of materials you can use for new buildings or fences.
What is a Section 173 Agreement?
A Section 173 Agreement is a written agreement between the City of Greater Dandenong and the landowner. The Agreement sets out conditions or restrictions on how the land can be used or developed. It might also set out to achieve other planning objectives in relation to the land.
A Section 173 Agreement is a legal contract registered on the Certificate of Title. Council can enforce it in the same way as a permit condition or the planning scheme.
Visit the Department of Transport and Planning website for detailed information about Section 173 Agreements.
Can I amend or end a Section 173 Agreement?
You can apply to Council in writing to amend or end a section 173 agreement (fees apply):
- Depending on the complexity of the agreement, the proposal to amend or end the agreement may be referred to Council’s solicitors.
- Interested parties of the section 173 agreement may be notified of the proposal.
Contact Council’s Statutory Planning team for more information and to find out how to apply.
What is an easement?
An easement is a right held by someone else to use the land. For example, there might be a South East Water sewerage pipe on the property.
Where can I get a copy of my title?
Get a current Certificate of Title from the LANDATA website. Fees apply. You can also ask a professional title searcher, conveyancer or solicitor to get you a copy.
Why does Council need a copy of Title with my planning application?
You need to provide a copy of the Title with your application to confirm:
- ownership details
- location and dimensions of the land
- any restrictions that may affect what can be developed on the land.
Your copy of the Title must be dated no more than 3 months (90 days) old. This ensures Council has an up-to-date copy that includes any recent changes.
