Build over an easement
What is an easement?
An easement is an area of land on your property where a service authority has an asset below or above the ground. Assets are usually pipes, cables or overhead wires.
Can I build over an easement?
If you are planning to build over an easement or council drain, you will need to obtain permission from Council by applying for report and consent. Report and consent must be obtained before a building permit can be issued.
Council has developed a set of guidelines to explain what can and can't be built over Council assets, these guidelines can be viewed below.
Build over easement (BOE) consent may also be required from any service authority (e.g. a drainage, electricity, gas, or water supply authority) that has a vested interest in an easement. Please refer to your plan of subdivision for further details.
Apply for report and consent for building over an easement
Make yourself familiar with the Mitchell Shire Council Build Over Easement Policy and guidelines listed below.
Prepare the following supporting documentation:
- current certificate of title and title plan
- clear and legible drawings including a site plan (these plans must highlight the areas where building will occur in close proximity to or over an easement)
- a written submission justifying the proposal in accordance with the Ministers Guidelines.
Return your completed documents to any of our Customer and Library Service Centres or Wallan Planning and Building Services Office and pay the fee listed on the form; or return your completed documents to Mitchell Shire Council and an officer will call you to take payment over the phone.
Applications may take up to 14 days to process.
What if my BOE application is refused?
If Council refuses your application, you have the right to appeal a decision to the Building Appeals Board. Visit the Building Appeals website for information on how to lodge an appeal.
This page was last updated on 7 June 2021.