Stormwater

Stormwater may present issues for residents, especially if it is coming from a neighbouring property.  The flow of water in these instances may lead to disputes, and Council does its best to ensure that proper action is taken if required and/or possible.

When Council will act

Council will  investigate issues relating to the overland flow of water from one property to another property, where all of the following criteria are present: 

  • There is sufficient evidence to show that the water has caused or is likely to cause physical damage to land or building on the other land
  • Surface water has been directed to and/or concentrated in a particular area by a man-made structure or drain
  • Surface water is the result of defective roof drainage from a dwelling or outbuilding.

When Council will not act

Council will not act on stormwater issues in the following circumstances: 

  • Surface water run-off occurs only in periods of exceptionally heavy rain
  • Surface water is a result of overflows from stormwater absorption pits where contours of land and lack of access prevent direct connection of a building’s roof water to the council’s stormwater drainage system
  • Surface water is considered as natural run-off from the property or properties above due to the topography and is not being redirected in any manner
  • Surface water is flowing down or across existing hard surface areas such as driveways, tennis, courts, concrete slabs or paved areas
  • The location of a dwelling or outbuilding impacts on surface run-off
  • Run-off is from new development work that is the subject of a development consent and has been constructed in accordance with that consent
  • Drainage problems involve discharges from defective or blocked private inter-allotment drainage easement infrastructure e.g. pipes and drainage pits.

Sloping blocks

If you reside on a sloping site, you should be aware that natural surface water run-off flows down the slope following the contours of the block. Unless the cause of the surface water meets the criteria above, you carry the responsibility to install surface water controls.

Any diversion of surface water must be carried out in a way that does not have a detrimental impact on any other properties further down the slope.

Seepage water

Seepage water is the responsibility of individual property owners.

Where sloping blocks have been excavated to obtain a flat yard or building site, seepage drains should be constructed to redirect water to a stormwater drainage system.

You should liaise with neighbours to address any problems. If possible, drainage easements can be created to direct water to a council stormwater drainage system.

How to report a stormwater drainage issue

When reporting a stormwater drainage issue on private land, please include the following information: 

  • If the matter been previously reported to Council
  • What is the source on the neighbouring land that is causing the problem
  • A description of what is occurring
  • Evidence of how your land and/or building is being damaged (video, photographs with time and date embedded)
  • A written report from a Structural Engineer (or other suitably qualified person) to adequately substantiate surface water has caused or is likely to cause physical damage to land or building on the other land
  • Information as to the efforts have you undertaken to determine the source of the stormwater entering your property
  • If you have  liaised with your neighbour to address the issue
  • If civil proceedings are being considered or occurring in relation to other matters between you and your neighbour which Council should be aware of.

Dispute resolution

If you wish to formally manage discussions, you may consider contacting the Community Justice Centre.  The centre offers free advice and mediation services and can be contacted on 1800 990 777 on via the website. 

Who to contact if your property is flooding

For emergency help in flood events, contact the State Emergency Service (SES) on 132 500

Rate this page

  • Rate as The content was useful0% The content was useful votes
  • Rate as The content was not useful100.00% The content was not useful votes

Thanks for your feedback. We will use this data to improve the content of this page.

Page last updated: 29 Apr 2021