What is an Easement?
An easement is a section of land shown on a property’s Land Title that allows Council or a service authority to use that area for specific purposes, such as stormwater or sewer infrastructure. These assets are owned and maintained by the relevant authority.
To check if your property has an easement, obtain a Plan of Subdivision from the Land Titles Office.
If Council is listed as the beneficiary, stormwater infrastructure may exist within the easement. If another authority is listed, please contact them directly for further information.
If the easement contains a Council stormwater pipe and you require details such as pipe size, location, or depth, you must submit a Legal Point of Discharge (LPD) application.
When and How to Apply
- Under the Building Regulations 2018 Part 8, Division 2 Regulation 130 is a requirement to obtain Council permission to build over/within an easement. A Build Over Easement (BOE) application is required for any structure, site cut, site fill over and above an easement including eaves, sheds or any part of a structure.
- You can lodge applications online by completing the Build Over Easement Application Form through Council Portal.
- Include required supporting documents (Certificate of title, Site Plan, Building Plan & Letter or plan of approval from relevant authority(s) for Build Over Easement (if applicable)).
- A non-refundable application fee applies.
- We aim to review & respond to your application within 10 working days, subject to completeness of your application.
For further information, please refer to the following documents linked below:
Guide to Building Over Easements(DOCX, 20KB)
Building Over Easement Brochure(PDF, 2MB)
Standard conditions for council approval to build over easements and/or assets
The Owner(s) hereby agree:
- to limit the type of structure and method of construction to that shown and described on and in accordance with the Melton City Council's Approval to Build Over Easements and/or Assets - General Guidelines.
- to permit the Council to enter into and upon the building or other structure and/or the easement at any time for the purpose of inspecting, constructing, maintaining or repairing, any failure or collapse of any drain or other works of the Council now existing or which may be created in the future, and to excavate through any floor of the structure and or demolish any part of the structure as may be deemed necessary.
- to permit the Council the right to forcible access to the building in the event of an emergency occurring during the owner's or occupiers absence.
- to indemnify the Council against all actions, claims, suits and demands, arising out of, or incidental to, the erection and/or retention of the building or other structure over the drain or other works of the Council and/or the said easement.
- to be solely responsible for all injury, loss or damage which may be occasioned to the said building or other structure by reason of or incidental to the carrying out of the inspection, construction, maintenance or repair (whether forceable access is used or not) of the said drain or other works of the Council or by reason of an incidental to the presence of the said drain or other works of the Council.
- to pay to the Council on demand any additional costs incurred by it in inspecting, constructing, maintaining or repairing any drain or other works of the Council which arise due to the presence of the building or structure.
- to notify any purchaser or perspective purchaser of the conditions of this agreement and to obtain, prior to settlement of the sale, the execution by the purchaser of an agreement with the Council in similar terms to this agreement and lodge the agreement with Council.
- that the proposed works are to be completed by two years from the date the approval is given. Failure to complete the works by the above date may render this Approval null and void.
- to verify the pipe location before commencement of construction and notify the Engineering Investigations Officer of any discrepancy.
- that there be a 1.0 metre clearance surrounding a Stormwater Pit and that in no instances can this be built over.
This approval is given with respect to rights and authorities Council holds regarding its drainage and other operations. This approval is not a building or planning permit which must be obtained as necessary. Approval may be required from other authorities before a building permit can be issued. Council consent to build over an easement and/or asset does not protect the applicant against rights, claims or other wishes of other property owners or authorities who hold rights in regard to the easement. The onus for determining and satisfying other rights resides with the owner and should be checked prior to commencing any works.
Build over Easement application
Note: you will be prompted to either register or sign in enabling you to complete the application form. Once you have registered/signed in, the Build over Easement application form can be located under Applications and Regulations, Roads and Engineering.
By submitting your application, you are agreeing to the above Standard Conditions.
BUILD OVER EASEMENT ONLINE APPLICATION