We assess your proposal in line with our Building Over Easements Policy.
We aim to respond within 15 business days for simple and complete applications.
Incomplete and complex applications will extend processing time. Make sure you have all the information on hand when you apply.
Apply for consent to construct over/in an easement.
Before works start
If we approve your application, you will enter into one of the following legal agreements with us:
1. Building Over Easement Standard Contract. Generally, for eligible minor works.
2. Section 173 Agreement under the Planning and Environment Act 1987. Generally, for complex works. If this is required, we will inform you during the assessment process. Legal fees are applicable.
This legal agreement:
• is between the property owner and Council
• is registered on the property's Certificate of Title
• is binding for current and future owners
• sets out the conditions that apply to the approved works, including removal/reinstatement at property owner’s cost if access to infrastructure is required.
Frequently Asked Questions
What is an easement?
What is an easement?
An easement is a right held by someone to use land belonging to someone else for a specific purpose.
Easement examples are:
- drainage
- sewerage
- carriageway.
Who can access an easement and why?
Who can access an easement and why?
Only authorised parties can access an easement. They include:
Council can install, inspect, maintain or repair stormwater drains, sewers or other infrastructure
Utility companies can install, inspect, maintain, or repair water, gas, electricity and communications infrastructure
Emergency Services can enter as needed in the interest of public safety
Neighbours can cross the land to reach their property.
What works are allowed over/in an easement?
What works are allowed over/in an easement?
We generally allow:
• Eaves
• Rainwater tanks
• Timber fences
• Paving
• Air conditioners
• Clotheslines
• Service pipes and meters
• Other minor structures
What can't I build over/in a Council drainage easement?
What can't I build over/in a Council drainage easement?
We do not allow:
• Habitable buildings
• Enclosed brick garages
• Shops, factories and warehouses
• Balconies and cantilevered structures
• In-ground swimming pools
• Brick barbecues
• Chimneys
• Other permanent structures that restrict access.
What happens if my application is refused?
What happens if my application is refused?
If you do not meet our policy requirements you can change your plans.
Minor changes
1. We may reconsider your proposal if it differs only slightly from our Building Over Easements Policy. Contact the officer who assess your application for more information.
2. You can change your plans so they meet our requirements. For example; changing the design or moving the structure outside the easement.
Major changes
If your proposal does not meet a key requirement of the policy, such as building an enclosed structure over an existing Council drain, we are unable to give consent.
In these situations, you need to redesign or relocate your proposal, or investigate whether the drain can be relocated. This would be subject to Council approval and at your cost.
What if I disagree with your decision on my application?
What if I disagree with your decision on my application?
If you think your application has not been assessed correctly or there are special circumstances, you can email us to request a review of our decision.
My application was refused. Can I get a refund?
My application was refused. Can I get a refund?
The application fee is non-refundable.
What are my responsibilities if I have an easement on my property?
What are my responsibilities if I have an easement on my property?
You must not obstruct access or cover drainage pits.
The property owner is responsible for:
• removing and reinstating items built over the easement if access is required
• costs to repair easement damage caused by landscaping or structures.
Will you tell me if you need easement access?
Will you tell me if you need easement access?
Access may be required with or without notice.
We normally provide you notice to access the easement, except in emergencies.
