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Build over easement

In accordance with section 310 of the Building Interim Regulations 2017, a property owner, or their representative, is required to obtain consent for the construction of a building/structure, and for general construction works proposed over, or partially over, a private property easement that is vested in Council’s interest.

Council may approve an application to build over an easement when the proposal complies with the principles and policy position of Council’s Build Over Easement Policy.

If an approval is granted, and if the proposed structure is defined as major building/structure/works, then Section 173 Agreement may be required to be lodged on the property owner’s title noting Council’s interest in the easement.

Application to build over easement

An application form is required to be submitted to Council’s Engineering & Infrastructure Services area, together with a $262.07 fee (in accordance with section 312 of the Building Interim Regulations 2017.

Apply to build over easement

You can also mail the application form and payment to:

Engineering Services
Maroondah City Council
PO Box 156
Ringwood 3134

Or you can hand in your application form and pay in person at:

City Offices Service Centre
Braeside Avenue

PDF Application to Build Over Easement (PDF, 48 kB) MS Word (Docx, 57 kB)

Lodging a Section 173 Agreement

It is preferred that the lodgement of a Section 173 Agreement is arranged through Council's solicitor Aughtersons.

Aughtersons can be contacted on 9845 8200 and are located at 267 Maroondah Highway, Ringwood, Victoria 3134.

All costs associated with the lodgement of the Section 173, must be paid by the property owner to Aughtersons.

Where there is a mortgage on the property, the mortgagee’s consent to enter into the Section 173 agreement is required.

Some mortgagees may charge an administration fee for endorsing consent, which will be in addition to Aughtersons’ charge and payable by the property owner.

If you wish to use an alternative solicitor please note that Aughtersons will still need to review the Section 173 agreement. The property owner will need to pay a fee for this review.

Build Over Easement Policy

The Maroondah City Council Build Over Easement policy aims to:

  • Ensure that Council fulfils its statutory obligations with regard to the report and consent process for building works over easements vested in Council.
  • Provide guidance to Council staff and the public generally with regard to Council’s assessment approach in terms of building works over easements vested in Council.  
  • Protect Council’s interests with regard to easements, assets within easements, future possible easement assets, ongoing operational maintenance requirements for the Drainage Network (including access), works associated with asset renewal and flooding considerations, including overland flows during storm events.
  • Provide high level advice to applicants, including clear and concise conditions when consents are granted and robust and defensible justification(s) if an application for consent is refused by Council. 
  • Allow for building works over an easement in an appropriate, fair and consistent manner.

PDF Build Over Easement Policy (PDF, 180 Kb)

 Build Over Easement Policy (Docx, 62 Kb)

Build Over Easement Technical Guidelines

Maroondah City Council has also developed Build Over Easement Technical Guidelines to be read in conjunction with the policy. The guidelines provides guidance, examples and justification for the policy and should assist applicants in understanding Council’s requirements.

PDF Build Over Easement Technical Guidelines (PDF, 1.9 Mb)

Build Over Easement Technical Guidelines (Docx, 1.2 Mb)

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