Stormwater and your property

If you're a property owner, you can help to reduce the threat of stormwater issues:

• You must maintain the stormwater pipes, gutters, downpipes, gully pits and any other parts of your approved drainage system on your property in good condition. You also need to comply with any Council requirements. This includes maintenance of the stormwater system on your property, and any connection to Council's stormwater system.
• If you live on a sloping site, it's likely you will receive some natural surface water run-off. You must accept natural overflow, and from adjoining properties or public land. You must not divert, redirect or concentrate the flow from its natural path on to neighbouring properties.
• It's important to note that a downstream property owner cannot build any type of barrier, eg, a large wall or closed fence that interferes with the path of stormwater.
• If there is an easement on your property, you must maintain it and keep it clear of debris to allow the natural flow of stormwater. This includes clearing weeds, trees or any other maintenance of overgrown vegetation, to watercourses or easements within private property. Council is not responsible for vegetation maintenance.
• Make sure that all buildings (including sheds) have an adequate storm water drainage system connected to the legal point of discharge (eg, connected to the kerb and gutter or inter‐allotment drainage system).
• You'll also need to make sure your roof water and stormwater complies with AS/NZS 3500.3:2003 Plumbing and Drainage Part 3: Stormwater Drainage, and drains to one of these systems:
  • Council street kerb and gutter
  • an inter‐allotment drainage system
  • an approved on-site disposal system
  • Council-controlled drainage easement or draining reserve.

Builders are responsible for managing stormwater on a building site during construction.

You should direct a complaint about a building under construction to the builder or Principal Certifier (PC). The details for the PC and builder should be on the building sign at the front of the property.

During construction, the builder is responsible for all stormwater installations under the development consent. In the event of a complaint, the PC has enforcement powers and must take appropriate action under the legislation.

When Council can help

Changes to overland stormwater flow over private properties usually occurs when:

• excavating a site to build a concrete slab, eg, cut and fill-type construction
• building retaining walls, drains or other structures during development: This can result in the concentration, diversion or redirection of stormwater onto other property.
  If any change to the overland flow path occurs, the stormwater runoff should be collected and directed to a legal point of discharge.

A downstream property owner cannot build any type of barrier such as a large wall or closed fence that interferes with the path of stormwater.

Council is unlikely to investigate stormwater complaints that involve the natural flow of stormwater from one property to another. However, we can help to investigate some stormwater issues and may provide advice to affected landowners.

Where there is damage to property, Council has the power to issue notices or orders.

When Council can't help

Council is unable to help when:

• the surface water is natural run‐off from the properties above due to the topography and is not redirected
• surface water is flowing down or across existing hard surface areas such as driveways, tennis courts, concrete slabs or paved areas
• the location of a dwelling or outbuilding impacts on surface run‐off
• surface water run‐off occurs only in periods of very heavy rain
• there's run‐off from new development work that complies with the development consent
• the drainage problem involves discharges from defective or blocked private inter‐allotment drainage easement infrastructure eg, pipes and drainage pits.

Disputes between neighbours usually occur where residents believe that drainage or stormwater coming from a neighbouring property, is causing flooding and damage.

If you have an issue with stormwater runoff, we encourage you to first speak to your neighbour about the problem. Talking with neighbours often results in a more amicable, timely and cost-effective outcome.

Where you're unable to resolve your concerns with your neighbour, we encourage you to contact the Community Justice Centre (CJC). The CJC provides a free mediation and conflict management service:

• T: 1800 990 777

In an emergency

For emergency help in storm events, contact the State Emergency Service (SES) on:

• T: 132 500

Our flowchart shows the major steps in the stormwater complaint process:

• Stormwater complaint process (106.4 KB)