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Building near sewerage infrastructure

Section 148 of the Water Act 1989, states that a property owner requires consent from Yarra Valley Water before building a structure or placing soil, rock or other matter over land containing Yarra Valley Water sewer infrastructure (such as a sewer pipe, manhole, inspection shaft or another access point) or land containing an easement.

A ‘structure’ includes but is not limited to:

  • garden sheds
  • water tanks
  • barbecues
  • pergolas
  • cubby houses
  • fences
  • garages
  • home extensions
  • granny flats
  • landscaping

If a structure already exists over sewer infrastructure, the encumbrance certificate in the Section 32 should include the details of either Yarra Valley Water’s consent or, because consent was not applied for or provided by Yarra Valley Water, details of the Delayed Demolition Order that was issued by Yarra Valley Water.

Where a structure has been built without Yarra Valley Water’s consent and no Delayed Demolition Notice issued, there will be no encumbrance details in the Section 32. Therefore Yarra Valley Water may require that it be removed immediately or may place a Delayed Demolition Order on the structure to enable access in the future if required.

Visit the easyACCESS Knowledge Hub for our build over easement guidelines and to apply.