What is an Easement?

An easement is a section of land registered on a Land Title, that gives someone the right to use that section for a specific purpose, even though they are not the property owner. Easements will usually contain pipelines for the disposal of stormwater and sewerage, or for the provision of gas and electricity. These pipelines (infrastructure) are owned and maintained by the relevant service authority.

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

Build Over Easement

Regulation 130(1) of the Building Regulations 2018 requires the Report and Consent of a service authority to build in, under or over an easement that is vested in favour of that service authority. Examples of common service authorities are, Council (drainage) and City West Water (sewerage).

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

  • Habitable structures
  • Private pipelines (eg. Private stormwater)
  • Private services (eg. Hot water system, meters)
  • Swimming pools and spas (above or below ground)
  • Water tanks

Any proposed footings/foundations are required to be designed to maintain a minimum clearance of 600mm for a Council drainage pipeline. In circumstances where there is a Council drainage inspection pit located within an easement, footings/foundations must maintain a 1.0m clearance from the pit lid.

It is the responsibility of the Structural Engineer, Builder and Building Surveyor to ensure that any proposed footing or foundation within the vicinity of an easement, is designed to maintain angle of repose from any Council stormwater pipeline, or inspection pit that may be contained within that easement, in addition to maintaining the relevant clearances.

To apply for Build Over Easement approval, you are required to download and complete a Consent to Site a Structure Over Easement form and submit it with all the required documentation.

Download Consent to Site a Structure Over Easement Form

Stormwater Legal Point of Discharge

Wyndham City is a designated drainage authority along with Melbourne Water and has responsibilities conferred on it by state legislation. The responsibilities of Wyndham City and property owners in relation to storm water drainage and access can be viewed by downloading the Storm Water Pipes & Easements (Responsibilities & Access) fact sheet.

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

If you wish to find out the Legal Point of Discharge for a property, you are required to download, complete and submit a Legal Point of Discharge and Council Easement information form.

Download Legal Point of Discharge and Council Easement information application form

For information regarding the location of the private stormwater pipes within your property, please contact the Building Services team on 9742 0777 to order a copy of your building plans. Fees are applicable.

For details regarding sewer pipes, please contact City West Water on 131 691.

For further information about Build Over Easement or Legal Point of Discharge applications, please contact the Consents & Permits team via 03 9742 0777 or email mail@wyndham.vic.gov.au.

Applications can be submitted in person at Wyndham City Civic Centre, 45 Princes Highway, Werribee VIC or by mail to Wyndham City Council, PO Box 197, Werribee VIC 3030.

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