Building Over Easements

An easement is a section of a property reserved for the installation of services, such as stormwater drains, sewers, carriageways and other utility services. The Plan of Subdivision registered with the Certificate of Title should indicate the location, size and type of easement.

It may be permissible to construct certain structures or carry out work over an easement, subject to the consent of relevant authorities. Applications and advice must be obtained from each authority before works can commence.

Regulation 130 of the Building Regulations 2018 states that “The report and consent of the relevant service authority must be obtained to an application for a building permit to construct a building over an easement vested in that authority.” If approval is granted, additional conditions may be applicable.

Documents

The following documents are required to complete your application:

  • Copy of Title and approved plan of subdivision – including details of any covenants, Section 173 Agreements, or other restrictions that are applicable to the property issued within the past 3 months
  • A full set of property plans, fully dimensioned and drawn to scale – clearly demonstrating the proposal in terms of appearance and construction including:
    • The Council asset within the subject site - to obtain the stormwater pipe details contact Council’s Development Engineering Team (9518 3555). Please note: a survey or annotated photographic evidence of the exact location of the easement and/or pipes may be required.
    • A site plan showing all proposed structures over the easement, including easement dimensions and, where applicable, pipe and pit location with offsets from the edge of the proposed structure.
    • An elevation plan showing the proposed structure over the easement.
    • Cross-sections showing footings to the depth of the pipe’s invert level and offset from the edge of the pipe’s confirmed location.

For more information, please read: City of Monash Building Over Easement Guidelines(PDF, 490KB)

Online application

The non-refundable fee for this application is $175.10 (valid until 30 June 2026).

Apply online

Please call the Council’s Building team on 9518 3555 if you require further clarification.

Please DO NOT send cash through the mail and please DO NOT email payment forms with Credit Card details.

How to appeal Council's decision

If the application is refused, an owner may appeal the determination to the Building Appeals Board under Section 144 of the Building Act 1993, within 30 days of the date of determination.

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