Apply to Build Over an Easement

You must apply for approval to Build over an easement in your property. Council will assess a detail design plan and footing details of the proposed structure to ensure that all aspects of this meet the current guidelines and will not impact on Council's assets.

Why is there an easement in my property?

Easements are generally shown on your copy of title and may be at the rear of a property or down the side of the property. The easements may contain a Council or Melbourne Water drain or a South East Water sewer main or electricity supply/gas main or they may be empty and reserved for a future drain or sewer or power/gas supply.

Generally building over these easements is not permitted because access to the buried pipes may be required for maintenance or renewal.

What structures can be approved to be built over an easement?

A detailed plan of the proposed structure including footing details must be submitted for approval of any structure. Council does not allow any habitable building to be built over an easement.