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Water coming from a neighbouring property

If you experience water on your property that is coming from a neighbour's property, it is a civil matter between you and the adjoining neighbour.

This includes stormwater that comes from an adjoining property via:

  • building works
  • a shed
  • garage or carport
  • rainwater tank
  • driveway
  • paving, paths or landscaping works.

Who can resolve a stormwater issue

Stormwater nuisances from adjoining land is regulated under the Water Act 1989. Council is not the authority on or empowered to regulate this legislation and cannot request an adjoining owner to comply with this Act.

Under this Act, it is each owner’s responsibility to ensure that no nuisance is caused to neighbouring or adjoining properties.   

How to resolve the issue

Some options to help resolve the issue include:

  • Talk to your neighbour about the water issues or write them in a letter
  • Contact the Dispute Settlement Centre Victoria (DSCV) for advice and request a mediation meeting
  • Make an application to the Victorian Civil Administration Tribunal (VCAT) who have provision for action for cases of unreasonable flow of water between properties
  • Or seek your own independent legal advice regarding civil action available under the Water Act 1989.

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