Purchasing Council property

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As services and community needs evolve, some Council owned properties may no longer serve a purpose or benefit the public. When this happens, assets may be sold.

Minor Council property assets are less than 200m2 in area and may include laneways (rights of way), roads, reserves, and land of unusual shape or limited usefulness.

If you're interested in purchasing minor Council assets, there are many considerations before you start. This includes the processing times from date of lodgement, which can take up to 24 months to complete. 

We're currently processing a large backlog of Right of Way applications. Note, application completion times may take longer than expected.

Process to purchase minor Council assets

Learn more about how to purchase Council land with the following step by step process or reading our Sale of Minor Council Property Assets Policy(PDF, 342KB).

The process can take up to 24 months to complete from initiation.

Step 1. Initiation

An application enquiry is submitted by a resident (an abutting property owner), to determine if the road is suitable for discontinuation and no longer required for public use.

Step 2. Public Use Test

  • the nature and extent of the present and past use of the road.
  • the likelihood of the road being required for ongoing and future use, both vehicle and pedestrian.
  • Section 12 of the Road Management Act 2004;

Step 3. Review

The application is reviewed, and due diligence is undertaken. This includes verifying the ownership of the road and assessing the impact of discontinuation.

Step 4. Consultation

Consultation is conducted with all necessary internal Council departments and Statutory Authorities regarding the sale. This includes gathering information on required easements.

Step 5. Engagement

The Council engages with abutting property owners to establish their support. This includes sending letters to the property owners, conducting meetings if necessary, and documenting their responses.

Step 6. Review of consultation and engagement outcomes

The results of the consultation and engagement are reviewed and if a discontinuance and sale is possible the application will progress to the next stage.

Step 7. Valuation

A market valuation of the land is obtained by a qualified property valuer appointed by the Council. The valuation is based on the current market rates, location, and size of the land.

Step 8. Offer

Letter of Offer(s) are sent to abutting property owners seeking commitment to purchase. The offer includes the valuation price, terms and conditions of the sale, and a deadline for response.

Step 9. Recommendation

A Council report is tabled recommending discontinuation and sale of the road. The report documents the process undertaken and recommends the commencement of the statutory process.

Step 10. Notice

A Public Notice is given both in the newspaper and published on the Council website. A copy of the public notice and explanatory letter are sent to property owners/occupiers of all nearby properties along with other people who may be impacted.

Step 11. Hearing of submission

Any submissions are heard at a public Hearing of Submissions meeting in response to the above notices. If no submissions are received a Council report is tabled as per the below step.

Step 12. Decision

A Council report is tabled documenting any objections or submissions from the public notice. The Council reviews all submissions and the report before deciding.

Step 13. Gazetting

Council publishes a notice in the Government Gazette to formalise the discontinuance.

Step 14. Sale

The land is sold to the abutting property owners. Council formalises written sale agreement and lodges instruments to transfer to purchaser.

Apply to purchase a Right of Way (or other land)

If you are interested in purchasing a Right of Way (ROW) or another minor Council property asset, complete the application.

Before you begin

Before you start the application, please note the following:

  • Purchase of Right of Ways is assessed on a case by case basis.
  • No guarantee can be given about the outcome of any application.
  • You will need to supply supporting documents such as plans and photographs showing your property and the right of way.

To complete the application, you will need the following:

  • address of the property adjacent to the discontinuation
  • owners' details if you are applying on behalf of an owner
  • a map or plan showing the proposed discontinuation and any access points or gates for vehicles and pedestrians
  • evidence that the proposed discontinuation is not reasonably required for public use (for example, photographs or aerials)
  • evidence that bordering property owners and occupiers support the proposal

    Apply to purchase a right of way

    More information

    Property Services
    Email: property.services@darebin.vic.gov.au

    About discontinuing Council land

    Under the Local Government Act 2020 Council can discontinue roads or laneways and sell the land to adjoining property owners at market value.


    Land will only be sold to owners whose properties directly border the land.


    Council will only consider discontinuing whole roads or large sections, not small parts, due to the time and complexity involved.


    Requests that would create landlocked parcels won't be accepted. Council reserves the right to manage, keep, sell, or discontinue any road, laneway, or reserve at its discretion.


    Find out more by reading the Best Practice Guideline for the Sale, Exchange and Transfer of Land 2009

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