Build over an easement

As a property owner, you need to obtain a permit for:

  • construction of a building/structure
  • general construction works

when they are proposed over, or partially over, a private property easement that is vested in Council’s interest. 

Compliance with Council’s policy

Council may approve an application to build over an easement when the proposal complies with the principles and policy position of Council’s Build Over Easement Policy

If an approval is granted, and if the proposed structure is defined as major building/structure/works, then you may need to lodge a Section 173 Agreement on the property title noting Council’s interest in the easement. 

Apply to build over easement

Build over easement applications


A fee of $311.80 must be paid (in accordance with the Building Regulations 2018).

Please note: retrospective approval will be $467.70. 

Lodging a Section 173 Agreement

It is preferred that the lodgement of a Section 173 Agreement and associated costs are arranged through Council's solicitor Aughtersons.

267 Maroondah Highway,
Ringwood, Victoria 3134
9845 8200

A mortgage on the property

Where there is a mortgage on the property, the mortgagee’s consent to enter into the Section 173 agreement is required. Some mortgagees may charge an administration fee for endorsing consent, which will be in addition to Aughtersons’ charge and payable by the property owner. 

Use an alternative solicitor

If you wish to use an alternative solicitor, please note that Aughtersons will still need to review the Section 173 agreement and the property owner will need to pay a fee for this review. 

Build over easement policy

The policy aims to allow for building works over an easement in an appropriate, fair and consistent manner. View the Build Over Easement Policy

Build over easement technical guidelines

We have also developed a set of guidelines to be read together with the policy that provide examples and justification for the policy. Our technical guidelines should help you understand Council’s requirements. 

Build Over Easement Technical Guidelines(PDF, 956KB)

Build Over Easement Technical Guidelines(DOCX, 1MB)