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Build over an Easement

Council has a responsibility to manage and protect drains and assets that manage stormwater. To make sure these are not affected or damaged by development and building within Banyule, permits are required to build over any drainage related easements that may be on a property.

Do I have an easement on my property?
Your certificate of title will indicate any easements that apply to your property. You can also call us to enquire what easements apply. While Council has responsibility to manage drainage easements, your property may have other easements that you need to consider and we can inform you of other easements that apply to your property.

Do I need a permit?
You must get consent from Council to build over a drainage easement. A Build Over Easement (BOE) permit is required to build or place a structure on, near or above an easement or drain.

As part of the permit application you are required to enter into a BOE Agreement. A BOE Agreement is a legal binding document between Council and the property owner. This agreement protects the access to the easement.

Other service authorities such as electricity, gas and water may also have an interest in the easement and you must also get consent from each of the relevant authorities. When you apply for a BOE permit, we will also inform you of any other relevant permissions that are required.

How to get consent to build over an easement

 Please send an email to with the following attached:

  1. a copy of the Certificate of Title (dated within three months)
  2. a detailed description of what you plan to build over the easement
  3. a site plan (1:100) showing the type of structure you will build, footing details (1:20) and relevant elevation plans (1:20). Also show a cross section through and along the easement and if there are assets within the easement show the angle of repose.

What will happen next?
After doing an initial review of your proposal following our guidelines we will reply via email either:

  • Giving you an BOE permit application form
  • Requesting further information about your proposal
  • Letting you know if and why your proposal is refused and not suitable for building over the easement.

If your proposal is accepted, please allow a minimum of 10 working days from receipt of payment for us to complete this application. The current applicable fee for 2018/2019 is $269.95. 

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