Building over easements

What is an easement?

An easement is an area of land on your property that councils and other authorities are allowed to use.

An easement lets us get to essential structures like stormwater drains, sewerage, water supply, phone lines and power lines underground.

Easements are often on a property boundary. You can’t build or plant over or near easements.

Before you start building or landscaping

You're not allowed to build or plant over or near easements. But we allow some short-term, easy-to-move or lightweight structures to be built over easements.

We can remove trees or plants that are blocking maintenance workers from getting to an easement.

You can be charged for cleaning and repairs when trees or plants have damaged or blocked a council drain.

Before you start work, check:

• if there are easements and access pits on your property
• whether your plans include building or planting over an easement.

Find registered easements

Find out if there's an easement on your land by looking at your property title.

You can order a copy of property title from Landata.

If there are registered easements on your property, the land title will have an 'Easements information' section that lists:

• the purpose of the easement, for example drainage or sewerage
• the authority responsible for the easement (called 'Land Benefited in Favour Of'), for example Yarra Valley Water.

You can't landscape or build over an easement.

Find implied easements

An implied easement is the area above and one metre to both sides of an underground pipe or access pit (manhole). Implied easements aren’t listed on your land title.

You can't landscape or build over an implied easement.

To find an implied easement on your property:

1. Go to Before You Dig website to locate any underground stormwater or sewerage pipes.
2. Measure one metre from either side of the pits or pipes. This is the implied easement.

Find access pits to an easement

Maintenance workers use access pits (manholes) to get into underground sewers or drains.

1. Go to Before You Dig website to locate any pits on your property.
2. Hire a qualified plumber to find any pits that aren't visible.

There needs to be at least one metre of clear space around the lid of the pit at all times.

You can't landscape or build over an access pit.

Change your building plans

If there are easements or access pits on your property, change your plans if possible so that the building doesn't block or cover the easement.

Apply to build over an easement

If you can't change your plans, you can request to build over an easement. A $424 fee applies.

Apply online to build over an easement and include:

• your building over easement plans
• a copy of a current Property Title and Property Plan no more than 28 days old (you can get this from Landata)
• payment of the required $424 fee.

Apply to build over an easement 

If we need access to easements

If we need to access an easement on your property, we'll call you to organise an appointment.

If we can't contact you over the phone, a council officer will leave a calling card at your property. You will need to contact us to book an appointment.

You can identify our officers by their uniform and ID card.

Emergency access

In emergency situations we'll try to contact you before entering your property.

If we can't contact you we'll enter your property to do the emergency work.

This can happen during a flood or if infrastructure has been damaged.

Get a free access pit sign

Pit signs help our staff and other authorities find access pits more easily.

Email us at [email protected] or call (03) 9278 4444 and we’ll send you a free pit sign to attach to your fence.