Building over an easement

What is an easement?

An easement is a section of land registered on your property title that gives another entity, often Council or another service authority, rights to use and access the land even though they are not the owner.

Easements may be registered for the purpose of providing stormwater drainage, sewerage drains, gas mains, or for power lines in or over a section of land.

The relevant service authority managing those services has authority by way of the easement, to use the land or access the land for the delivery or maintenance of those services, for example, to install or fix pipe works.

How to check who has authority over an easement  

Your Certificate of Title and Plan of Subdivision indicate whether there is an easement affecting your property and what the easement is designated for.

The report and consent of a service authority must be obtained to an application for a building permit to construct a building over an easement vested in that service authority.

In many cases, more than one service authority will have authority over the same easement, for example, in the case of an easement designated for drainage and sewerage.

Council is the relevant service authority for easements defined for drainage and any other easement where Council is specified on title as the relevant authority with rights over the easement.

Fee

See building fees for the consent to build over an easement vested in Council application fee.

If the easement is not vested in Council but in another service authority, you must obtain the Report and Consent to build over the easement from that service authority.

Fees paid for the report and consent of council to build over easements not vested in council will not be refunded.

How to apply for consent to build over an easement vested in Council

What you need

• A copy of the Certificate of Title and Plan of Subdivision
• A copy of the site plan, floor plan, elevations and sections as relevant (indicating the location and depth of any proposed footings), and
• The location of the easement and the extent of works over the easement must be clearly demonstarted.

How to apply

Online

Apply for consent to build over an easement through Council Online Services.

• As part of the online application process, the fee is paid online by Visa or MasterCard.

You can register as a user and sign in to Council Online Services before you apply. As a registered user, you don't need to re-enter your personal information and can keep track of requests and applications on any device.

Apply for consent to build over an easement

Apply by post or in person

1. Download and complete General Report and Consent Application form (DOC 71Kb) and Application to Build over an Easement form (DOC 54Kb), including the documents listed above
2. Atttach any relevant information, such as the description of the proposal and site plan copies, to your application with the consent to build over an easement fee.
3. Post the application and fee to Building Services, Merri-bek City Council, Locked Bag 10, Merri-bek 3058, or deliver in person to the Merri-bek Civic Centre, 90 Bell Street, Coburg.