Legal point of discharge

A legal point of discharge is the point where the rain water that runs off a property (stormwater) flows into the council drainage network. 

You're responsible for maintaining your drainage system (drains and underground pipes, including those that pass beneath footpaths) from your property up to the legal point of discharge.

Our drainage network collects stormwater from rain that runs off surfaces. You can't use our drainage system to get rid of:

• groundwater
• wastewater (this must connect to the sewer).

You are responsible for managing groundwater on your property.

Outfall drains

An outfall drain is a section of drain built by a private developer and handed over to us (Council). It becomes our asset.

This diagram shows the legal point of discharge, where a private drain flows into the Council drain system.

Outfall drains are usually required in new developments to help control the flow of water into the stormwater drainage system.

You must submit outfall drain plans to us for approval.

When to apply for a legal point of discharge

Apply for a legal point of discharge if:

• you're planning to get a Building Permit where building works include a stormwater drainage system
• you need to connect a property to our drainage network
• you're making changes to your property that will impact the effectiveness of the existing stormwater drainage system – for example, any landscaping that will increase the volume or flow rate of stormwater.

Apply for legal point of discharge

Only a property owner or an owner’s agent (for example, your builder or plumber) may submit an application. You cannot apply for a legal point of discharge for a property that you don’t own.

Apply for a legal point of discharge

With your application, include:

• floor plans of your proposed development, showing ground floor and basement levels
• your Certificate of Title, which you can get through the Landata website.

The application fee is $163 (non-refundable).

After you apply

After you submit your application, we will:

• send you an email or SMS to confirm your application
• request any further information within 10 days, if required
• let you know if you need other permits or consents.

What you'll receive

You will receive a legal point of discharge report showing:

• the appropriate legal point of discharge
• the location and connection type allowed
• if there are easements on your property
• if your property is in a flood zone, and information about the responsible authority.

Our report can’t provide you with information on the exact measurements, location and offsets of drains and pits.

Other permits and requirements

For works on any local roads, you will need to apply for a Road Opening Permit. 

If your legal point of discharge is on a declared road (including freeways, arterial roads and non-arterial state roads) you also need to get consent from Department of Transport and Planning (DTP – formerly VicRoads).

• Check your road on the Map of DTP roads page on the Transport Victoria website.
• Find more information on the Working within the road reserve page on the Transport Victoria website.

If your works impact public transport operation, you’ll need consent from the relevant authority or operator.

Some properties might need other stormwater arrangements. Find more information on our Stormwater detention system page.

More information

For more information email [email protected] or call us on (03) 9278 4444.