Easements are created to assist Corporations with the protection of their assets and are generally clearly displayed on the property title as easements for water supply, sewerage, drainage purposes or pipeline or ancillary purposes. Information on easements designated for pipeline or ancillary purposes can be obtained from the Corporation as such easements may be for various purposes including sewerage, irrigation etc.

In some instances, Water Corporations may refer to an easement as being an implied easement. Implied easements are simply the Corporations ability under the Water Act to prohibit any structure to be built or any filling to be placed close to or over any works of the Corporation.

We, with the assistance of local Building surveyors and municipal planning departments, manage the nature of buildings or structures which can be placed over or located within proximity to our infrastructure.

Specific structures may be permitted to be placed over certain infrastructure or within certain easements, providing applications comply with the Corporation’s Building over policy. Each application is considered on its merits and it should be noted that the Corporations preference is for reasonable steps to be taken to locate the proposed works so access to the asset is not compromised.

There are some instances where approval will not be considered under any circumstance. The following examples would be included in this category:

  • No structure of any description is permitted to be placed over or within an easement designated for Urban water mains, Irrigation water mains or Irrigation drainage mains.
  • No part of a habitable structure is permitted to be placed within an easement.
  • No in-ground, above-ground swimming pool or spas or associated decking, paving or structural beams are permitted within any part of an easement.
  • No structure is permitted to be placed over or within the easement if that structure has the potential to deny our constant and unimpeded access to a sewer maintenance hole or a hose connection point.
  • No structure is permitted within 2 metres of a sewer point/house connection branch.
  • No structure is permitted within 2 metres of the centreline of a Sewer Maintenance Hole.

We may grant approval for the placement of certain structures within a sewerage easement provided that the application is compliant with all aspects of the Building over policy. These structures include the following:

  • Carports
  • Pergolas
  • Free standing garages (detached from habitable buildings)
  • Verandas
  • Fences

Building over easement applications must include a site plan and building plan of the proposed structure, clearly indicating the dimensions of the building and distances from adjacent boundaries. A prescribed fee is also applicable.

It should be noted that the above information is of a general nature only and may be subject to change without notice. It is important that you contact our Land Development Department at the initial planning stages of the project.

To lodge a request for LMW asset location plans, please email to: asset.locations@lmw.vic.gov.au