Approval to Conduct Works Over an Easement - Victoria

Service summary

You may require this approval if you intend to conduct works over an easement, whether on your property or another.

An easement is an area of land, or part of an allotment, reserved by law to allow provision of common state or municipal controlled infrastructure for a specific purpose, which may include:

  • drainage pipelines
  • municipal services
  • natural gas lines
  • power and telephone lines
  • water and sewage mains.

Easements on your property title need to remain free from obstruction, to allow access for infrastructure service providers. Works on areas covered by easements that may require approval include activities such as:

  • building or demolition
  • drainage, pipeline and ancillary works
  • excavation or removal of any matter from or deposit any matter on the land
  • construction or maintenance or removal of roads, tracks or fences on the land.

Service type


A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

If you wish to build over an easement you must first gain approval from the council and any service authorities who have rights to your easement. Council discourages building over easements because a service authority has the right to gain access to the easement for maintenance or replacement of the service.

We will only approve your application to build over an easement if it meets the following guidelines:

  • A viable alternative location for the proposed building or works is not possible on the site;
  • The proposed structure or works will not obstruct or limit the ongoing maintenance of any existing Council storm water drain, asset or other inspection opening located within the easement;
  • The building is not constructed over the property storm water inlet;
  • Overland flow is unlikely to take place along the line of the easement, in the event that the easement drainage capacity is exceeded;
  • The proposed structure will not impact the drainage of an adjoining allotment or our future drainage network;
  • Excavations and footings are kept at least 600mm clear of any drain;
  • All statutory authorities and organisations that have rights over the easement have granted written approval to build over the easement; and
  • The proposed structure conforms to the Building Code of Australia.

Please consult with Council and the documents on their website for specific details of the application process.


As specified by the permit.



Fees for 2016-17.



Submit application form and supporting documents to council.

Approval time

Please allow up to six weeks for approval of your application, prior to the commencement of any works.

Administering agency

City of Whittlesea

Act(s) name

Building Act 1993 (Victoria)

Water Act 1989 (Victoria)

Regulation(s) name

Building Regulations 2006 (Victoria)

Local law(s) name

General Municipal Law 1 2014

Contact details

Building and Planning Services
City of Whittlesea

Operating address:
25 Ferres Boulevard
South Morang, Victoria 3752
Mailing address:
Locked Bag 1
Bundoora MDC
Victoria 3083


03 9217 2170


03 9217 2111

Supporting information


The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.