Stormwater Damage

   Private inter allotment easements are the responsibility of the property owners who are burdened by and/or benefited by the easement.

Stormwater runoff and drainage can be a source of problems for some residents, especially if the water is coming from another property. Council understands that this can cause disputes between neighbours. Council does its best to ensure that action is taken, if required and where legislatively possible.

Sloping blocks

If you're a resident living on a sloping site, you should be aware that natural surface water runoff flows down the slope following the contours of the block. Unless the cause of the surface water meets the criteria above, you carry the responsibility to install surface water controls. Any diversion of surface water must be carried out in a way that doesn't have a detrimental impact on any other properties further down the slope.

Seepage water

Seepage water is the responsibility of individual property owners. Where sloping blocks have been excavated to obtain a flat yard or building site, seepage drains should be constructed to redirect water to a stormwater drainage system. You should liaise with neighbours to address any problems.  

Please be aware that Council will not take action in circumstances where:

  • The surface water is natural run off from the property (or properties above) due to the topography and isn't redirected in any manner.
  • Surface water is flowing down existing hard surface areas such as driveways, tennis courts, concrete slabs or paved areas.
  • The location of a dwelling or outbuilding impacts on surface runoff.
  • Surface water runoff occurs only in periods of exceptionally heavy rain.
  • Surface water is a result of overflows from stormwater absorption pits where contours of land and lack of access prevent direct connection of a building's roof water to the council's stormwater drainage system.
  • The runoff is from new development work that is the subject of a development consent and has been constructed in accordance with that consent.
  • The drainage problem involves discharges from defective or blocked private inter-allotment drainage easement

Council will investigate and take action on stormwater drainage complaints only where it relates to the flow of surface water from one property across the common land boundary onto another property, and where the following criteria have been met: 

  • Evidence shows that the water has caused or is likely to cause significant soil erosion or physical damage to a building on the other land. 
  • Surface water has been directed to and/or concentrated in a particular area by a man-made structure or drain. 
  • Surface water is the result of defective roof drainage from a dwelling or outbuilding.

Be advised that you must fill in the following form for Council before investigation will be commenced.

Application form

Contact Us

Phone

9911 9911

Email

council@burwood.nsw.gov.au
Back to top