Excess Stormwater runoff due to Extreme Weather Conditions

Here you will find the most common asked questions regarding who’s responsibility it is when facing excess stormwater drainage problems on your property.

Who deals with issues relating to groundwater on my property?

The property owner manages groundwater on their property.

My neighbour has carried out work which causes water to flow or pond on my property. Where can I go for help?

• speak to your neighbour first. Many people do not realise the problem is occurring and are happy to cooperate, or
• a licensed plumber and drain layer can provide advice on the source of water and how best to resolve the problem
• council may become involved where roof water from new building work has not been connected to a lawful point of discharge.

If you and your neighbour cannot resolve the problem, the State Justice Department Dispute Resolution Centre can provide mediation without legal action.

Can I redirect overland flow in my property?

Property owners must accept natural overland flow from:

• adjoining properties
• public land, and
• roads.

As a property owner; apart from easements, you have the right to change flow within your boundary as you see fit. Provided you don’t affect another property e.g. by concentrating flows onto a neighbouring property.

You cannot erect any type of barrier on your boundary that interferes with the natural path of stormwater, this may impact other parties. Anyone found to be blocking or altering the natural runoff of water, may be held responsible for any damages incurred.

Water runs from the road on to my property. Can council build kerb and channel/drainage to prevent this?

Council stormwater infrastructure has a primary purpose to keep road users safe. It controls large volumes of water from the road surface. Property owners must accept natural overland flow from:

• adjoining properties
• public land
• roads.

An option may be to introduce private inter-allotment drainage to reduce the impact of road runoff.

Can council install a pipe at my driveway crossover to prevent stormwater flowing down my driveway?

It is the property owner’s responsibility to build, maintain or alter the vehicle crossover to council standards.

This includes:

• any associated drainage and kerbing
• where the driveway crosses the kerb
• any affected footpath, water course, drain and drainage easement.

Refer to construction of vehicle crossovers for more information.

Stormwater runs onto my property from my driveway. Will council install a stormwater drain at the front of my property?

For properties built below the road, stormwater can enter your property via your driveway if it is not built to standards.

It is the property owner’s responsibility to build, maintain or alter the vehicle crossover.

This includes:

• any associated drainage and kerbing
• where the driveway crosses the kerb
• any affected footpath, water course, drain and drainage easement.

Refer to construction of vehicle crossovers for more information.

How do I know if the stormwater pipe in my easement/property is privately owned or not?

Generally anything less than 375mm in diameter is private. Usually this network exists to convey roof water drainage if the property’s graded below the road.

If you are unsure contact council‘s stormwater services.