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ARTICLE · 23 DECEMBER 2017

Registered covenants or restrictions - how councils can regulate land use

Bartier Perry Solicitors
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Councils may regulate land use by public positive covenants and restrictions, although this power is often forgotten.

AustraliaReal Estate and Construction
Peter Barakate (Formerly With Bartier Perry)
Peter Barakate (Formerly With Bartier Perry)
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Councils have the power to regulate land use by way of public positive covenants and restrictions on use, although this power is often forgotten.

Councils are enabled to impose public positive covenants and restrictions on their own land and on the land of third parties, and provide for their enforcement by Sections 88D and 88E of the Conveyancing Act 1919.

The reason why councils impose these covenants and restrictions on their own land is to curtail the future use of the land by purchasers from council.

The immediate questions that arise when considering these powers are:

  • what constitutes covenants and restrictions;
  • how are they created; and
  • how are they enforced?

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