Water flow from neighbouring properties

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.

The Water Act 1989 (Victoria), states there is no legal liability when rain or flood waters flow across a boundary due to the contours of the land. 

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, please contact us to speak with a member of the Building Department.

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, please contact us to speak with a member of the Building Department. (Again, if a building permit has been issued 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. However, if you believe the landscaping works were undertaken without a planning permit, please contact us to speak with a member of the Planning Department.

Alternatively, for civil matters you can contact the Dispute Settlement Centre on 8765 5222 or get legal advice from a solicitor.