Building over easements and drains

If there's an easement or Council drain on your property, and you plan to build over or near either of these, you'll need our permission.

An easement is a section of land on a property title that others can use for a specific purpose. For example, service authorities have the right to install and maintain utility services on easements.

When do I need consent?

You must get building over easement consent (before building certification) for permanent buildings or structures over an easement if:

  • the specified use of an easement is for drainage purposes
  • a Council stormwater drain exists on a property with implied easement protection.

The above is in line with Regulation 130 of the Building Regulations 2018.

When will we not give consent?

We won't give you consent to build over an easement if there is:

  • an existing Council stormwater drain within the easement on a property
  • a possibility we may need the easement for drainage purposes in the future.

Before you apply for consent, please email us at This will allow us to confirm the status of easement and advise in advance if we'll consider your application.

How to apply


The first step is to identify the property for your request/application.

You will need to:

  • Have the description of the Works proposed over easement
  • A copy of the Certificate of Title plan for the land
  • Copy of the site plans showing showing details of the proposed structure or works to be built over or within the easement requiring approval
  • Payment will be required

Building over easement permit application

Our response

We'll reply to your application within two weeks by either:

  • refusing the application
  • asking for more information
  • approving the application, subject to the property owner/s signing an agreement.

More information

Phone: 03 8470 8675