Often yes — but only with consent from the authority that owns the assets in the easement, and usually only with structural plans showing how your build protects those assets. Building over an easement without approval is a serious problem, and it's one of the most common things that stalls a Melbourne extension, shed or pool.
Here's how the process works and where engineering comes in.
What is an easement?
An easement is a strip of your land that another party has a legal right to access — most often for underground infrastructure like sewer, water or stormwater pipes. It's usually shown on your title and commonly runs along a rear or side boundary. The land is still yours; the right of access isn't.
That access is the whole point: if a pipe under your yard fails, the authority needs to be able to reach it. Anything you build over it has to not obstruct that.
Who has to approve it?
This is where people get caught out — there can be more than one authority, and each approves separately:
- Your local council, where the easement protects council drainage assets. Under the Building Regulations, council's report and consent is required before building over an easement.
- The water authority whose assets are in the easement — in metropolitan Melbourne that may be Melbourne Water, Yarra Valley Water, South East Water or another retailer, depending on your location.
Approval from one is not approval from the others, and a planning permit is a separate matter again. Even where a pipe runs through your property without a formal easement, the asset owner may still have powers to protect it — so it's worth checking rather than assuming.
Two points worth knowing: authority requirements can extend to works near an asset, not just directly over it, and requirements vary between authorities. Confirm the specifics for your property and the relevant authority before designing anything.
What structures need approval?
More than most people expect. Depending on the authority, structures that commonly need consent include sheds, garages and carports, decks, verandahs and pergolas, swimming pools, retaining walls, driveways and paving, fences, and of course houses and extensions. Even landscaping and significant excavation can require approval.
Where the structural engineer comes in
Councils and authorities generally want more than a site plan. A typical application asks for a plan showing the extent of the encroachment and structural plans demonstrating how the proposed structure protects the assets below — in other words, evidence that your footings won't bear onto the pipe, and that the asset can still be accessed and maintained.
That's an engineering question. The engineer designs footings that transfer load past the asset rather than onto it, and documents it so the authority can assess it. Deep footings, bridging beams or specific clearance arrangements are common solutions, and the acceptable approach depends on that authority's requirements — including which footing types they will and won't accept near their assets.
Our residential structural engineering team prepares footing designs for builds affected by easements across Melbourne, and coordinates with your drainage and stormwater requirements.
What happens if you build without consent
Building over an easement without approval can leave you facing removal or rebuilding of the structure, enforcement action, and problems at sale — non-compliant structures over easements routinely surface during conveyancing. If the authority ever needs to excavate to reach the asset, an unapproved structure is not their problem to protect.
Practical steps
- Check your title and a property asset plan to find easements and where the assets actually run.
- Identify every authority with an interest — council and the relevant water authority.
- Get the engineering input early, before the design is locked in — it's far cheaper to shift a footing on paper.
- Apply for consent and allow time; approvals aren't instant.
Planning a build affected by an easement? Talk to a Melbourne structural engineer about footing design and the structural documentation you'll need.
Frequently asked questions
Can I build over an easement in Melbourne? Often yes, with consent from each authority with an interest — typically your council and the relevant water authority — and usually with structural plans showing how the asset is protected.
Who do I need approval from? Usually the local council where council drainage assets are involved, plus the water authority whose assets are in the easement. Approvals are separate, and a planning permit is separate again.
What structures need build over easement approval? Commonly sheds, garages, carports, decks, verandahs, pools, retaining walls, driveways, fences, and houses or extensions — and sometimes landscaping and excavation.
Do I need a structural engineer for a build over easement application? Generally yes — authorities typically require structural plans showing how footings avoid loading the asset and how access is preserved.
What if there's a pipe but no easement on my title? The asset owner may still have powers to protect it. Check with the council or water authority rather than assuming no approval is needed.
