Legal Point of Discharge

Legal Point of Discharge Application (pdf, 184KB)

Application fee - $144.70 (including GST)

As part of your Building Permit application you will need to obtain a ‘legal point of discharge report’ for your property.

You may also need to obtain a legal point of discharge report if you are preparing Engineering Plans for Council approval.

What is the ‘legal point of discharge’?

Stormwater that falls on a property is collected and drained to what is usually the lowest point on the property, which is known as the ‘legal point of discharge’.

This collected stormwater is then ‘discharged’ or released to the Council stormwater system, which is usually an underground drain in the street or in a property easement.

If no underground drain is available, the stormwater is drained to the ‘kerb and channel’ in the nearby street.

In some cases, the property owner will be required to construct a new drain to connect with the Council’s stormwater system. This is known as the 'point of connection'.

The property owner is responsible for the construction and maintenance for all drains, including drains outside of the property boundary, up to the Council’s stormwater system.

What information will be provided?

The Legal Point of Discharge Report will provide information on:

  • The Legal Point of Discharge in accordance with the Building Act
  • The Point of Connection
  • Advice on the location of any Council's drains, where available
  • Advice on additional Building and Planning requirements

The report does not contain information regarding the existing private stormwater system on the property or the existing point of connection.

How long does it take to receive the report?

Once you submit the Legal Point of Discharge application and fee, Council will provide a written report via email detailing the information within 10 working days.

Why is the ‘legal point of discharge of a property’ important?

If you’re building an entirely new structure or undertaking repair works on the roof or to private drains, it’s important not to block stormwater from draining away.

You must ensure that your private drain is connected legally to the Council drainage system or kerb and channel to avoid the stormwater from causing damage.

Equally you do not want anything other than the rain to enter the stormwater system and potentially contaminate our lakes, waterways and the ocean.

Additional Information

  • A Stormwater Connection Permit must be obtained from Council by the builder or plumber prior to starting any connection to the Council’s stormwater system.
  • Owners requiring sewerage system information need to contact their local water authority (refer to your water bill for contact details). 
  • Council has limited information on the location of drainage on residential and commercial properties, as plumbers are not required to inform Council of the location of these private drains when they install them.

Further enquiries

Email: mail@monash.vic.gov.au

Phone: (03) 9518 3555

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Last updated: 07 October 2020