Property owners must maintain the stormwater pipes, gutters, downpipes, gully pits and any other components of the approved stormwater system on their property in good condition and in compliance with any Council requirements.
If the property has a stormwater installation, defined under the Local Government Act 2009 such as roof gutters, downpipes, subsoil drains and stormwater drainage for the premises, Council may direct the property owner to connect to Council’s stormwater drainage system, if available and practical to do so.
Drainage easements are registered on some land titles to provide legal protection for underground drainage systems and overland flow paths for stormwater run-off.
There are two ways of connecting roof water to a legal point of discharge:
Overland flow between private properties usually occurs when the natural terrain is sloping;
However, the upstream property owner may be liable if the water is made to flow in a more concentrated form than it would naturally flow, such that an actionable nuisance results.
Local flooding occurs when components of the stormwater drainage system, such as pipes and gully inlets, are undersized or blocked, or when the overland flow path is blocked by a building or fence. You may be liable for damages if the building and/or fence on your property increases flood levels or the frequency of flooding to your neighbour’s property.
You may experience drainage problems when stormwater runs off public land or the road and it forms ponds or runs through your property. Enquiries regarding run-off from public land or the road should be directed to our Customer Service Centre on 4913 5000 or 1300 790 919.
Where there is a dispute relating to overland flow, and where the work carried out by the ‘offending’ owner is not work which is regulated under the Council’s Planning Scheme or the Standard Building Regulation, and does not otherwise constitute a contravention of any previous planning or building approval, the issue is a private one to be resolved by the owners under the Civil Law of Nuisance, and not a matter where the Council has any regulatory jurisdiction.