Build over an easement
An easement is a section of land registered on your Property Title that gives Council or another service authority access to this land.
Council or other service authorities may need to access the easement to fix pipes or do other work.
You must get consent from Council to build over an easement that is vested in Council. If the easement is not vested in Council, you must get consent from whoever the easement is vested in.
An easement may be anywhere on your property - in your front or back yard, along the side of your house and along any fence. The easement may:
- have a stormwater drain
- have a sewerage drain
- have stormwater flowing along it
- be a carriageway, or
- have power lines over it.
What can I build over an easement?
With consent, over an easement you can build a:
- garage
- carport
- garden shed
- cubby house
- wall that does not form part of a house or habitable building
- eaves of a house or habitable building
- pergola
- decking
- swimming pool
- ornamental pool
- driveway
- paving
- fence
- pole
- sign, and
- hot water services.
For all these building projects and any other building projects on Council easements, apply to Council to build over your easement.
Apply to build on an easement
- Check your Property Title to confirm the easement is vested in Council.
- If it is, download and fill in the application form to build on an easement (DOC 86Kb).
- Include a copy of the Property Title and Plan of Subdivision.
- Submit your application, the documents and application fee to Council in person or by mail.
There is no refund of the fee if the easement is not vested in Council.
