Building over an easement

Before you build or place a structure on, near or above an easement or drain, you need to: 

  1. check if you can do it according to our guidelines
  2. apply for a build over easement permit if you need one
  3. get other relevant permissions.

Generally, if an easement contains a Council drain, we won't give permission to build over the easement. This is because we need to be able to access the pipe at all times in case it gets blocked and results in the flooding of downhill properties.

Identifying easements

Your certificate of title indicates easements on your property, these are known as registered easements. If there's no easement on the certificate of title, though there is a pipe or other service, this is also referred to as an easement, more specifically, an implied easement.

You can also call us on 9490 4222 to find out about easements that apply to your property.

Check your project

Step 1.Check your project against our guidelines

Building a fence, putting in a shed or even building a 3 unit development? No matter the project, it's best check if it fits within our Build Over Easement guidelines(PDF, 1MB).

Check your project

Step 2.What next

Follow the prompts on screen during and when you've completed checking the build over easement aspects of your project.

Depending on the outcome, there may be no need for a build over easement permit or you might need to reconsider your project as it is not suitable near/over an easement.

Alternatively, you may need to apply for a permit and follow these next steps.

Step 3.Applying for a permit

After you have checked your project against our guidelines, and it's confirmed you need a permit it's time to get your documentation in order.

You need a site plan (1:100) showing:

  • the type of structure you will build
  • footing details (1:20)
  • relevant elevation plans (1:20)
  • a cross section through and along the easement
  • show the angle of repose if there are assets within the easement.

When you're ready to apply, check your email.
We sent you a link to the permit application form after you checked your project against our guidelines.

Step 4.Reviewing your application

Within 10 business days of receiving your application we will:

  • review your project and application details
  • send you an email either:
    requesting further information about your project
    refusing your application and explain why
    approving your application, and indicating what's next to receive your permit.

Step 5.More than 1 service in the easement

Other authorities such as electricity, gas, sewer and water distributors may also have services in the easement. If so, you need to also get permission from each of the relevant authorities.

When you apply for a Build Over Easement permit, we will let you know if you need relevant permissions from other authorities.

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Prepare your permit application

To apply for a build over easement permit, you will need a:

  • current email address
  • credit card
  • copy of the Certificate of Title (dated within 3 months)
  • detailed description of what you plan to build over the easement
  • site plan (1:100) showing structures, footings, elevations, cross sections of the easement and angle of repose
  • completed Build Over Easement Agreement.

Fees and commitments

Permit application fee

$325.00

Legal agreement

As part of your permit application you need to enter into a legally binding Build Over Easement Agreement with us.

Help and questions

For any queries about building over an easement or even where to connect stormwater drains for your house. Contact our Developments & Drainage team at enquiries@banyule.vic.gov.au

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