Water coming on to your land from another property
How to take action
If you own a property, you are responsible for ensuring that water from roofs, paving and paths is collected in underground pipes and directed to the legal point of discharge, so that the water runoff does not affect other property owners.
Problems with water flow between neighbouring properties are generally a civil matter to be resolved between the property owners, however the action you should take depends on where the stormwater is coming from.
Water from damaged or missing guttering, pipes or rainwater tank overflow from another property
If your neighbour’s downpipes or guttering is damaged or missing (not blocked), or if your neighbour has not connected the overflow of a rainwater tank to the underground stormwater system, this is not a Council matter – it is a civil matter. Contact the Dispute Settlement Centre on 8765 5222 or get legal advice from a solicitor.
Water from a building site
The builder is responsible for managing stormwater runoff on a building site during construction works. If you believe they have not done this, contact the builder or building surveyor – their contact details are on the sign on the front of the property. (If a building permit for the works has been issued, the property owner is legally required to have a sign out the front which shows the permit details and builder's or surveyor's contact details).
Water from an illegal structure or unfinished building works
If water is coming onto your property from what appears to be illegal building works or an illegal structure on another property, report it to our Building team on 1300 787 624. (Again, if a building permit has been issed for the works, the property owner is legally required to have a sign out the front).
Water from landscaping or concreting works
If water is coming on to your property from another property because of landscaping or concreting works, this is not a Council matter – it is a civil matter. Contact the Dispute Settlement Centre on 8765 5222 or get legal advice from a solicitor.
For more info
Go to the 'Unreasonable flow of water between properties' web page on the Victorian Civil Administration Tribunal website.