Can I build over or near an easement?
You generally cannot build a new dual-occupancy dwelling over a municipal stormwater pipe/easement. If a sewer or stormwater pipe conflicts with the building footprint, the usual options are to move the building, obtain approval for works near the asset, or investigate relocating the pipe.
If a pipe runs underneath the proposed dwelling, first determine what the pipe is and who owns it.
- Sewer: Icon Water controls ACT water/sewer network assets. Alteration or relocation may be possible with Icon Water approval, although not all assets can be altered and approved works are generally at the applicant's expense.
- Municipal stormwater: A new dwelling/building is not permitted within a stormwater easement. City Services does, however, have an approval process covering infrastructure relocation or removal.
- Private drainage: This may potentially be redesigned or relocated as part of the development's plumbing/drainage design.
Importantly, moving the pipe does not automatically remove its easement. An existing easement may need to be legally changed or extinguished separately.
Reference: ACT City Services, Stormwater Applications - https://www.cityservices.act.gov.au/plan-and-build/building-works/stormwater-applications & Icon Water, Relocate or Alter a Service - https://www.iconwater.com.au/Developers-and-Renovators/Relocate-or-alter-a-service
Link on the answer: https://www.cityservices.act.gov.au/plan-and-build/building-works/stormwater-applications
Where this question is kept
| Dual Occupancy Q&A | #453 | agrees | 27/08/2026 |
| Dual Occupancy Q&A | #405 | answers differently | 13/08/2026 |
What is missing
- the copies disagree