Building over assets or easements

Easements assist us to protect and maintain our assets. They are generally clearly displayed on a property title as easements for:

• water supply
• sewerage
• drainage purposes, or
• pipeline or ancillary purposes.

In some instances, we may refer to an easement as being an implied easement. Implied easements are our ability under the Water Act 1989 to prohibit any structure to be built – or any filling to be placed close to or over – any of our assets.

We – with the assistance of local building surveyors and municipal planning departments – manage what buildings or structures can be placed over or near our assets.

Locating assets and easements

Generally, the property title shows the locations of our assets.

We can give you information on the location of existing or planned easements on your property. To request asset location plan, contact us at property.services@lmw.vic.gov.au or 1800 808 830.

Building over assets or easements

Under the Water Act, we have authority to manage what can be built over or located near our assets.

Specific structures may be permitted to be placed over certain assets or within certain easements. These structures must comply with our policy.

There are some instances where approval will not be considered under any circumstances – for example:

• any structure over or within an easement that includes an existing or planned urban water main, irrigation main, or irrigation drainage main
• any habitable structure – for example, a house – within an easement
• an in-ground or above-ground swimming pool or spa – or associated decking, paving or structural beams – within any part of an easement
• any structure over or within an easement if it blocks access to a sewer maintenance hole or a house connection point
• any structure within 2 metres of a sewer point or house connection branch
• any structure within 2 metres of the centreline of a sewer maintenance hole.

It’s important that you contact our Land Development Department at the initial planning stages of your project.

Apply to build over assets or easements

We may give approval for certain structures to be placed within a sewerage easement – only if the application complies with all aspects of our policy. These structures include:

• a carport
• a pergola
• a free-standing garage – detached from habitable buildings
• a veranda
• a fence.

Reasonable steps should be taken to build these structures so access to the asset is not blocked.

How to apply

To apply, complete the Application to build over easement.

With your application include a site plan and building plan of the proposed structure, clearly indicating the dimensions of the building and distances from adjacent boundaries.

The fee for 2023/2024 is $212.80 (excl. GST).

Submit your application:

• by email – scan the completed application form and email to property.services@lmw.vic.gov.au
• by mail – to our Mildura postal address
• in person – at our Mildura office during opening hours.

To pay the fee by credit card, contact us. We can’t process your application until the fee has been paid.

We’ll get back to you within 5 business days. If we need more information, we’ll contact you.