Apply to build over an easement

If you are building on your property, you will need to figure out if there are any easements on your property. If there are, you may need to get apply to build over an easement under Regulation 130(1). 

What is an easement? 

An easement is a part of your property that can be accessed by someone else for a specific purpose. 

For example, any stormwater pipes running through your land are owned and maintained by Wyndham City Council, even though you own the land they are on. 

Other examples of easements include: 

• sewerage pipes 
• power or gas lines 
• internet or phone cables 
• shared driveways. 

If you want to build over an easement, you will need to get consent from any service authorities that are listed as beneficiaries of the easement.

How to find out if there’s an easement on your property 

Any easements on your property will be shown on your plan of subdivision. You can get a copy of your plan of subdivision from the Landata website. 

The plan of subdivision will tell you who the beneficiaries of the easement are. A beneficiary of the easement is a party who can use or access the easement. It could be Wyndham City Council, a service authority like Greater Western Water, or a neighbouring property. 

You will also need to get a Before You Dig Australia (BYDA) asset plan that will show you any service authority infrastructure. 

How to apply to build over an easement

If you are building over an easement that is owned by Wyndham City Council, you will need to apply to build over an easement. 

To apply, you will need to provide: 

• a copy of your site plan, elevation drawings and engineering plans (showing the stormwater pipes) 
• a copy of the land title issued in the last 12 months 
• a copy of the plan of subdivision issued in the last 12 months 
• your BYDA assessment plan number 
• a copy of the ASIC company extract (if the land is owned by a company). 

You can get your land title or plan of subdivision at the Landata website. 

Apply to build over easement

If you have easements on your property that are managed by other service authorities like Powercor or Greater Western Water, you will need to apply with them. 

Planting over an easement

You do not need consent to plant over an easement, but you must only plant shrubs, grasses or trees with shallow root systems. 

What you can’t build over an easement

There are certain kinds of things you cannot build over an easement. This includes: 

• habitable structures, like a granny flat 
• structures that share the same roofline as a dwelling, like an extension 
• private services, like hot water systems 
• water tanks 
• swimming pools and spas (above or below ground) 
• service connections and utility infrastructure. 

Footings near or within an easement

If you are building near an easement, you need to make sure that your footings are: 

• at least 600mm from any stormwater infrastructure 
• at least 1 metre from any stormwater inspection pits. 

It is the responsibility of the private structural engineer to make sure that any proposed footing near an easement has been designed to maintain angle of repose from the stormwater pipeline or inspection pit as well. 

Fees