Application & Fee Changes

As of 3 January 2017 build over easement application fees will rise to $256.90 in accordance with the Building Act.

Wyndham City will also cease using the current application forms and will implement one form for all build over easement proposals.

Residents with proposals requiring a 173 Agreement will be required to lodge the Council prepared agreement with the Land Titles office themselves and at their own cost (currently $92.70).

Build Over Easement

Regulation 310 of the Building Regulations 2006 requires the report and consent of a service authority to build in, under or over an easement that is vested in favour of a service authority. A service authority can be Council (for drainage), City West Water (for sewerage) or an electricity or gas supplier.

To determine whether your property has an easement, you need to obtain a copy of your Plan of Subdivision from the Land Titles Office.

For Council to assess whether your proposal is suitable for construction over an easement, you need to download, complete and submit a siting a structure over an easement application form.

Important note:

Council will not consider build over easement consent for any of the following items:

  • Habitable structures
  • Swimming pools and spas (above or below ground)

Stormwater Legal Point of Discharge

Legal Point of Discharge is a point/location where stormwater from a property is discharged into Council’s drainage infrastructure.

If you wish to find out the Legal Point of Discharge for a property, you need to download, complete and submit a Stormwater Discharge Points and Easements application form.

For information about the location of the stormwater pipes within your property contact the Building team, phone 9742 0777 to request a copy of your building plans.

For details on Sewer pipes please contact City West Water on 131 691.

For further details on building over an easement or legal point of discharge applications, contact Engineering Services team on 9742 0777.

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