Building over easements and drains

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 us right of access for constructing and maintaining stormwater drains.

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

You may have a drainage easement and/or Council drain on your property. If so you’re required by law to get our consent before building over a drainage easement or within one metre of our drains.

Get an indicative location of drains or easements on your property by calling us on 9524 3333.

Find out more about building over easements and drains in our information pack (PDF, 180KB), or read about the application process (PDF, 57KB).

What is the cost of the Permit?

Permit fee: $352

Can I apply for a building over easement permit online?

Yes, you can register to apply for permits online. When we approve your registration, we’ll send you a confirmation email. If you’re already registered, please log in.

Before lodging an application online, you must provide a signed copy of the Owner Agreement to the standard conditions (PDF, 83KB).