sec.122AEWhen housing agreement binds successors in title

sec.122AE When housing agreement binds successors in title

This section applies if the owner of relevant land for a PDA development approval to which a housing agreement relates— is a party to the agreement; or consents to the responsibilities under the agreement being attached to the relevant land. The responsibilities under the housing agreement attach to the relevant land and bind the owner of the relevant land and the owner’s successors in title. If the owner’s consent under subsection (1) (b) is given but not endorsed on the agreement, the owner must give a copy of the document evidencing the owner’s consent to the local government for the relevant land to which the consent applies. Despite subsection (3) , subsections (5) and (6) apply if— the housing agreement states that if the relevant land is subdivided, part of the relevant land is to be released from the responsibilities; and the relevant land is subdivided. The part is released from the responsibilities. The responsibilities are no longer binding on the owner of the part. s 122AE ins 2024 No. 32 s 40 (sec.122AE-ssec.1) This section applies if the owner of relevant land for a PDA development approval to which a housing agreement relates— is a party to the agreement; or consents to the responsibilities under the agreement being attached to the relevant land. (sec.122AE-ssec.2) The responsibilities under the housing agreement attach to the relevant land and bind the owner of the relevant land and the owner’s successors in title. (sec.122AE-ssec.3) If the owner’s consent under subsection (1) (b) is given but not endorsed on the agreement, the owner must give a copy of the document evidencing the owner’s consent to the local government for the relevant land to which the consent applies. (sec.122AE-ssec.4) Despite subsection (3) , subsections (5) and (6) apply if— the housing agreement states that if the relevant land is subdivided, part of the relevant land is to be released from the responsibilities; and the relevant land is subdivided. (sec.122AE-ssec.5) The part is released from the responsibilities. (sec.122AE-ssec.6) The responsibilities are no longer binding on the owner of the part.

• (a) is a party to the agreement; or
• (b) consents to the responsibilities under the agreement being attached to the relevant land.
• (a) the housing agreement states that if the relevant land is subdivided, part of the relevant land is to be released from the responsibilities; and
• (b) the relevant land is subdivided.