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Apply to build over an easement

If you intend to build any sort of structure over a drainage easement, you will first need to check if you need to apply to build over the easement.

Under regulation 130 of the Building Regulations 2018, if your work requires a building permit, then you must also submit an application for a permit to build over an easement.

Work which may require a Build Over easement application includes the building of:

  • Fences
  • Sheds
  • Garages
  • Pergolas
  • and dwellings including offices, shops and factories, etc.

An application is also required for any structures that are proposed to be constructed within 1 metre of one of our assets, regardless of whether a building permit would be required for the works.

Permanent structures, such as habitable rooms of dwellings, offices, shops and factories, may not be constructed over a drainage easement.

Documentation required

To apply for a permit to build over an easement:


An application fee of $311.80 applies. Fees are non-refundable and valid from 1 July 2023.

How to submit

Submit your completed form and payment:

What happens next?

  • We will assess your application. This involves referral of the application to our Engineering team.
  • Automatic approval will not always be granted. Each application will be assessed on its merits.
  • We may request further information from you. You may need to change your plans or designs.
  • If your application is refused, you will have the opportunity to appeal our decision to the Building Appeals Board.

More information

For more information on approvals, see: Build over Easement Policy.

Other required approvals

You may also require approvals from any other authorities that may have an interest in your easement. These could include South East Water or Melbourne Water.

Contact the relevant authorities (refer to your property title) to obtain approval prior to commencement of any works over the easement.

Additional information regarding sewerage assets and approvals is also available on the South East Water website.

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