Building over easements and Council drains

An easement is a defined area of land registered on a land title that gives Council or other authorities access rights through your property. We use these rights for the maintenance, installation, replacement or upgrades of essential drainage infrastructure.

Most public drains within the municipality of City of Kingston are owned, vested in and under the management and control of Council. It is not uncommon to have a Council stormwater drain, another authority’s sewer asset or a private drain in a property not supported by a registered or recorded easement.

If you intend to build over an easement or near a Council drain, you must first obtain consent from all service authorities who have rights to use your easement and protect their infrastructure assets before obtaining a building permit for the project.

Easement

Step 1.Find out if your property has an easement

Check your Plan of Subdivision on your copy of Title. If you do not have a recent copy of your Title, you can:

Find out about land title and property information at Land Titles Office.

Step 2.Get consent from relevant authorities

You must apply to each service authority who has a vested interest in the easement on your property, under Regulation 130 of the Building Regulations 2018 (Vic).

Check your Plan of Subdivision and contact each relevant authority.

These can include, but not limited to, Council (drainage), Melbourne Water (drainage), South East Water (sewerage), Ausnet (electricity supply) and sometimes other property owners (carriageway or other).

If you have a Council easement on your property, please follow the steps below.

Step 3.Read our guidelines

Make yourself familiar with the Guideline for Building over Easement(PDF, 443KB).

Step 4.Prepare your documentation

  • a cover letter explaining why the consent is being requested, in accordance with Council’s Building Over Easement Guideline(PDF, 443KB)
  • current certificate of title and plan of subdivision
  • clear and legible drawings including a site plan highlighting the areas where the proposed structure will be over the easement
  • written consent from any other authorities that have a vested interest in the easement, for example South East Water.

Step 5.Apply online

Applications may take up to 14 days to process. This can take longer if further information is requested.

Application fee of $320.25 applies. Fees are non-refundable and valid from 1 October 2024.

Apply to build over an easement

Council drain

Step 1.Find out if your property has a Council drain

You can check if there are any Council assets by lodging a Before You Dig Australia (BYDA) online application. This is a free service.

Step 2.Get consent from relevant authorities

You must apply to each service authority who has a vested interest within the subject property and will be affected by the proposed works.

These can include, but not limited to, Council (drainage), Melbourne Water (drainage), South East Water (sewerage) or Ausnet (electricity supply).

If you have a Council drain on your property, please follow the steps below.

Step 3.Read our policy

Make yourself familiar with the Building Over Council Drain Policy(PDF, 414KB).

Step 4.Prepare your documentation

  • a cover letter with a description of the proposed works in accordance with Council’s Building Over Council Drain Policy(PDF, 414KB)
  • current certificate of title and plan of subdivision
  • clear and legible drawings including a site plan highlighting the areas where the proposed structure will be near or over the Council drain
  • written consent from any other authorities that have a vested interest in the subject property near the proposed works, for example South East Water.

Step 5.Apply online

Applications may take up to 14 days to process. This can take longer if further information is requested.

Application fee of $320.25 applies. Fees are non-refundable and valid from 1 October 2024.

Apply to build over a Council drain

Even if you own the land where an easement is located, the authorities who maintain the services within easements have the right to control how that land may be used.

If Council refuses your application, you have the right to appeal the decision with the Building Appeals Board. Visit the Building Appeals Board website for information on how to lodge an appeal and see the associated fees involved.

This is not a simple question to answer and is specific to each property. If you would like to discuss the process to remove an easement please contact Council’s City Development team on 1300 653 356.

Contact Us

Phone

9581 4130

 

Email

info@kingston.vic.gov.au

 

 

 

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