Building Over Easements

Easements

An easement is a section of a property reserved for the installation of services, such as stormwater drains, sewers, and other utility services.  The Certificate of Title for each property will indicate the location of an easement, its size and who has the rights to use the easement.

Where services exist or will be needed in the future, the easement should be kept clear of buildings, structures, and works for maintenance, construction, and access. Some easements are provided to allow for overland stormwater flows during large storm events.

It may be permissible to construct certain buildings, structures or works on or over an easement subject to certain conditions, if such use does not interfere with the service provision and operational requirements of the service authorities with rights to that easement.

Any easement that has been created for drainage purposes requires the Council’s approval to be built over before works commence.

Where an easement is shown to be a drainage and sewerage easement, separate approvals are required from the Council and the local sewer/water authority.

Easements may also be created in favour of other service authorities, and these will be shown on the Certificate of Title. Applications and advice must be sorted from each authority having rights over an easement before works commence. While other service authorities may provide their advice, the Council’s decision is independent of and not influenced by this other advice.

Section 130 of the Building Regulations 2018 states that “The report and consent of the relevant service authority must be obtained to an application for building permit to construct a building over an easement vested in that authority.”  If the works are approved, the letter of approval will contain additional conditions that must be met.

Building Over Easements

In certain circumstances the Council may approve structures or other works to be built over a drainage easement. The City of Monash Building Over Easement Guidelines(PDF, 284KB)  provides advice on how we assess each Building Over Easement application.

The following sub-sections summarise what we may consider to be built and what application type is applied.

Please call the Development Engineering team on 9518 3555 to determine if a property easement contains a drain to ensure the correct application is submitted.

There are 3 types of applications. Click the headers below to expand each section.

Building Over Easement (Eaves Only) Application

The following will require a Building Over Easement (Eaves Only) approval:

  • Building eaves less than or equal to 450 mm wide and greater than 2.5 m high from finished surface levels

To apply, simply email your development plans showing the area where the eaves encroach over the easement to mail@monash.vic.gov.au requesting a Building Over Easement (Eaves only) approval.

There is no fee for this type of application.

Minor Building Over Easement Application

The following will require a Minor Building Over Easement application when constructed over an easement:

  • service pipes including residential drains
  • hot water systems
  • simple masts, poles, aerials, antennas
  • solid/brick fences
  • retaining walls
  • sheds with a floor area of less than 10 m2
  • driveways
  • paving greater than 10 m2 constructed on a sand base
  • cut/fill depending on extent (see also Major)
  • landscaping
  • water tanks on a structural platform
  • garages/carports where no drain exists (see also Major)
  • car parks (see also Major)
  • pergolas, verandas and gazebos (see also Major)
  • decking (see also Major)
  • eaves greater than 450 mm wide

To apply, download the Minor Building Over Easement Application form(PDF, 515KB)

The non-refundable fee for this application is $166.80 (valid until 30 June 2025).

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

Major Building Over Easement Application

The following will require a Major Building Over Easement application when constructed over an easement with a Council drain of less than or equal to 375 mm in diameter or where a Council drain is likely to be constructed in the future:

  • garages/carports
  • car parks
  • sheds with a floor area greater than 10 m2
  • commercial buildings (subject to assessment)
  • workshops
  • studios
  • pergolas, verandas and gazebos
  • decking
  • shade sails
  • cut/fill depending on the extent

To apply, download the Major Building Over Easement Application form(PDF, 925KB)

The non-refundable fee for this application is $720.90 (valid until 30 June 2025).

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

Approval not required

The following do not require Building Over Easement approval:

  • paving less than 10 m2 constructed on a sand base
  • crushed rock pathways
  • steppingstones
  • clotheslines
  • timber boundary fences

Not permitted on the easement

The following is not permitted on the easement:

  • any portion of a dwelling
  • swimming pools
  • saunas
  • spas
  • anything within 1 metre of the edge of a Council's drainage pit
  • anything on a Council's drain greater than 375 mm in diameter
  • service meters or infrastructure

Can I have an easement removed from my property?

In some circumstances an easement may be removed from a property where it is not used or needed in the future by Council.

If you would like to discuss removing an easement, please contact Council’s Development Engineers on 9518 3555.

Other service authorities that have rights to the easement will also need to be contacted.

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