Whether building a shed, pergola, fence, swimming pool or extending your house, location of an authorities assets (water and sewer mains, property connection branches, water meters, etc.) within your property need to be considered.
Water Authorities, Municipal Councils and other utilities have assets traversing many properties and the majority of the time these assets have an easement registered on title. However on some occasions an easement does not exist. There are still legislative obligations of land holders before development occurs.
You can obtain a copy of your title through your solicitor or conveyancer, or by contacting the Land Titles Office on 136 186 or at www.land.vic.gov.au.
If an easement is registered on title there will likely be assets located within them. Even if there isn’t an asset in the easement now, there may be one in the future.
LAND OWNERS OBLIGATIONS
Section 148 of the Water Act 1989 deals with “Structures over works” and states that a person must not allow a structure to be built or any filling (eg: soil) to be placed over an easement of the Water Corporation without consent. Further, it states that regardless of the existence of an easement, no structure should be built or filling placed within one (1) metre laterally of any of our assets.
Gippsland Water has determined that the process seeking consent should be conducted in writing through a Build Over Easement / Asset form. This form can be found below.
Gippsland Water requests that any application for building over or near easements / assets be accompanied by appropriate plans and drawings that show the possible impacts of the structures and/or filling.
It is the landowner’s responsibility to ensure that any proposed works adhere to the above legislative obligations prior to any work proceeding. Determining the location of any assets prior to the project design phase commencing is critical in order to establish the minimum clearances that will be required by the water authority. Landowners can apply to Gippsland Water for asset locations within their property via the following link; property information requests
The aim of the process is to ensure that the sewer and water assets are protected from damage, while assisting customers avoid the cost and inconvenience of removing structures which may impede access to an asset for maintenance.