Stormwater Disputes

Managing stormwater flowing from neighbouring properties

Stormwater is rainwater that runs off areas such as roofs, lawns and driveways. Stormwater has the potential to lead to neighbourhood disputes, if not well managed.  Download the Stormwater Fact sheet (PDF 6.4MB) for more information.

Responsibility for Stormwater on Private Property

Council receives numerous customer requests regarding the discharge of stormwater and the overland flow of water on private property, especially following heavy rain events.

Council does not regulate natural overland flow on private property and it is the responsibility of the private land holder to manage stormwater as it enters and leaves their land.  It is a property owner’s responsibility to ensure that any alterations to the natural surface water runoff does not impact on the common law rights of adjoining property owners and cause a nuisance or damage. that results may lead to civil action.

Problems with overland stormwater flow between neighbouring properties are generally a civil matter to be resolved between the respective owners.  Council has no legislative powers to intervene.

The concentration of the flow of stormwater over what would naturally occur may lead to a nuisance if not properly managed.  A nuisance might also arise from changes in peak flows, water quality and the like. 


Frequently Asked Questions:

Related Items

Section Menu

Living Here