Sale, Exchange, Transfer and Use of Council Land

Sale, Exchange, Transfer and Use of Council Land

Document No: CPL535.1
Approval Date: 10 February 2015
Approved By: Council
Review Date: 10 February 2018
Responsible Officer: General Manager Strategy & Performance Version No: 01
Authorising Officer: Chief Executive Officer


1. Purpose

To outline the general principles Council will apply in the sale, exchange, transfer and use of Council land.


2. Scope

Applies to all Councillors and employees and contractors of the City of Greater Geelong.

This policy does not extend to the sale of land for non-payment of rates which is covered by Council’s Debt Management – Sale of Property policy.

3. References

  • Local Government Act 1989
  • Local Government Best Practice Guideline on the Sale, Exchange and Transfer of Land (June 2009)
  • Sale of Land Matrix
  • Sale, Exchange, Transfer and Use of Council Land – Advice to Interested Parties

4. Definitions

  • Sale of land means the sale, exchange, transfer and use of Council land. Sale of Council land occurs whether or not the title transfers to a purchaser.

5. Council Policy

Council must have regard to the following general practices and procedures when selling land:

All sales must comply with the provisions of the Local Government Act 1989 and the Local Government Guideline on the Sale, Exchange and Transfer of Land (June 2009) and this Policy.

A property sales matrix will be prepared and maintained;

  • For adoption by Council as part of the annual budget process;
  • To form the basis of annual quarterly reporting on sales;
  • To take a longer term view of properties for potential sale that are not longer required.

The Council will prepare and make available publically a document entitled Sale, Exchange, Transfer and Use of Council Land – Advice to Interested Parties which provides further information on the sale of land processes.

Land may be exchanged with other owners and provision should be made in the budget for both the sale and purchase of the land involved in the exchange. Exchanges of land usually involve simultaneous settlement of contracts of sale.

Land sales should wherever possible be conducted through a public process. A public process includes:

  • Public auction
  • Public tender
  • Expression of Interest or public registration
  • Listing through a real estate agent

Land sales must be in the community’s best interest and maximise community benefit.

Generally land sales should occur at not less than the market value.

When selling land at less than market value the Council:

  • may consider environmental, social, community and other objectives and the alignment with Council’s strategic directions; and
  • will make the reasons for the sale known to the pubic.

Minor property transactions of less than $150,000 will be approved under delegation by the CEO providing;

  • the land if transferred is not zoned for public recreation, open space or conservation purposes;
  • the Ward Councillor is consulted prior to giving notice of intention to sell the land.

6. Quality Records

Quality Records shall be retained for at least the period shown below.

Record Retention/Disposal Responsibility Retention Period Location
Master schedule for property transactions Property Advisor As per PROV Dataworks


7. Attachments

Nil.



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