In accordance with section 310 of the Building Regulations 2006, a property owner, or their representative, is required to obtain consent for the construction of a building/structure, and for general construction works proposed over, or partially over, a private property easement that is vested in Council’s interest.
Council may approve an application to build over an easement when:
- a viable alternative location for the proposed building/structure or works is not available on the site
- the proposed building/structure or works will not prejudice or unduly obstruct or limit the ongoing maintenance of any existing Council stormwater drain or asset located within the easement
- the building/structure does not form any part of any habitable dwelling
- stormwater overland flow is unlikely to take place along the easement in the event of the capacity of drainage in the easement or adjoining easement being exceeded
- the proposed structure will not jeopardise the drainage of an abutting allotment or prejudice Council's future drainage network
- approval to build over the easement has been obtained from all Statutory Authorities and parties that have rights over the easement.
Application to build over easement
An application form is required to be submitted to Council’s Engineering & Infrastructure Services area, together with a $227.25 fee (in accordance with section 312 of the Building Regulations 2006).
You can mail the application form and payment to:
Engineering Services
Maroondah City Council
PO Box 156
Ringwood 3134
Or you can hand in your application form and pay in person at:
City Offices Service Centre
Braeside Avenue
Ringwood
