Apply for consent to build over an easement

What is an easement?

An easement is a section of land reserved by law for a specific purpose. There are two types of easements: regulatory and private.

Regulatory easements come under the authority of councils or service providers, while private easements allow land owners to access their neighbour’s land.

One of the most common easements that relates to councils is a drainage easement. This gives Council right of access for constructing and maintaining stormwater drains.

You can check if there are any easements on your property by requesting a copy of your property Title information from Landata.

Do I need a permit to build over an easement or drain?

If you intend to build any sort of structure over a draining easement, you must check if you need to apply for consent to build over the easement.

Under Section 130 of the Building Regulations 2018, if your work requires a building permit, then you must also submit an application for a permit to build over an easement.

Work which may require an application to build over an easement includes the building of:

  • fences
  • sheds
  • garages
  • pergolas
  • and dwellings including offices, shops and factories, etc.

An application is also required for any structures that are proposed to be constructed within one metre of one of our assets (including drains), regardless of whether a building permit would be required for the works.

Permanent structures, such as habitable rooms of dwellings, offices, shops and factories, may not be constructed over a drainage easement.

How to apply

Apply online

Step 1.Determine if consent is required

We recommend consulting your building surveyor or Nillumbik Building Surveyors.

Step 2.View our policy

Council's Build Over Easement Policy(DOC, 117KB) provides guidelines and describes factors considered during the approvals process.

Step 3.Prepare supporting documentation

Along with your application, you will need to attach to the online form:

  • A copy of Title (can be obtained from Landata)
  • A site plan drawn to scale showing easements, locations of structures, stormwater pipes, elevations, footing type and design.

Step 4.Submit the online form

Apply for consent to build over an easement

Fees

There is a non-refundable application fee of $294.70.

After your application is received, an invoice will be sent to you via email. This email will contain instructions about how to pay the application fee.

What happens next?

After your application is received, an invoice will be sent to you via email. This email will contain instructions about how to pay the application fee.

Once your application fee has been paid, a response will be sent to you via email within 15 business days.

Other required approvals

You may also require approvals from any other authorities that may have an interest in your easement, including Yarra Valley Water.

Contact the relevant authorities (refer to your property title) to obtain approval prior to commencement of any works over the easement.