If you plan to build over an easement, you must apply for a consent from any service authorities who have rights to that easement prior to applying for a building permit for the structure.
An easement is an area of land reserved by law for a specific purpose such as:
- drainage pipelines
- municipal services
- natural gas lines power and telephone lines
- water and sewage mains
- right of way/passage.
Check your Land Title to find out if you have an easement. If you do have an easement, you need to find out which services the easement contains.
Don’t have a copy of your Land Title?
Contact the Land Titles Office.
Want to find out the location of any drainage pipes?
Request a property information report.
Need sewerage pipe information?
Contact Yarra Valley Water.
Even if you own the land where an easement is located, the authorities who maintain the services it contains have the right to control how that land may be used.
This can restrict:
- what you can build
- the building location
- the type of footings.
The relevant service authorities can also excavate the easement if they need to work on their pipe or assets.
We discourage building over easements because a service authority has the right to gain access to the easement for maintenance or replacement of the service.
However, there are some cases where you may be permitted to build over an easement. These are outlined below and subject to strict conditions.
- If you plan to build over an easement where Yarra Valley Water is the service authority, you must first apply to them for consent.
- Where easements exist for other services – such as gas, telecommunications or electricity – you must first get written consent from each of the relevant service authorities before we can give our consent.
After gaining approval, you must then apply for a Report and Consent to build over an easement.
We'll approve your application to build over an easement if:
- a viable alternative location for the proposed building or work is not possible on the site
- the proposed structure or work will not obstruct or limit the ongoing maintenance of any existing Council stormwater drain, asset or other inspection opening located within the easement
- the building is not constructed over the property stormwater inlet
- overland flow is unlikely along the line of the easement in the event that the easement drainage capacity is exceeded
- the proposed structure will not affect the drainage of an adjoining allotment or our future drainage network
- excavations and footings are kept at least 600mm clear of any drain
- all statutory authorities and organisations that have rights over the easement have granted written approval to build over the easement
- the proposed structure conforms to the Building Code of Australia.
If you plan to build over an easement with a drainage asset, please note that the types of building generally permitted are:
- minor detached outbuildings (such as sheds less than 10m2 or open freestanding carports) as long as the outbuilding will not be constructed over a pit or inspection opening, or in a way that may adversely affect any asset
- pergolas
- A maximum width of 600mm eave overhang, provided the eave height is at least 3m above the finished ground surface at the easement.
Before lodging your application, please ensure you have all the required documentation. This includes:
- a completed owners consent form which you can download below
- a full and recent copy of the Land Title that can be obtained on the Landata website
- a copy of the plans
- comments from relevant authorities such as Melbourne Water, Yarra Valley Water or gas authority.
Download a consent form for building over easements
Building over easement owner consent form(PDF, 160KB)
Building over easement owner consent form - accessible(DOCX, 257KB)
Lodge your application to build over an easement