Issues are also caused by not maintaining your house’s spouting/guttering or downpipes, or by installing paving or a new rain water tank.
Responsibility for stormwater drainage
Every property owner is responsible for ensuring that each stormwater drainage pipe - from their property to a Council drain (in the road reserve) - is properly constructed and repaired, under our General Local Laws.
You should employ a qualified plumber or drain cleaning company to investigate and fix damage to your property’s stormwater drainage pipe.
We are only responsible for ensuring that Council stormwater drains, pits, and the kerb and channel, are operating effectively and are clear from blockages.
Stormwater runoff flooding from your neighbour's property
If stormwater runoff from your neighbour’s property is flooding your property, you should take different action depending on the cause:
Flooding caused by damaged/missing downpipes or guttering
If your neighbour’s downpipes or guttering are damaged/missing, this is a civil matter. We have no legislative power to require your neighbour to maintain their downpipes or guttering.
You should first talk to your neighbour and try to reach a mutually suitable solution. If this doesn’t work, you can contact the Dispute Settlement Centre on 9603 8370 for a non-legal mediation service, or take legal action through a solicitor.
Flooding caused by new landscaping/paving/concreting
If your neighbour has recently completed landscaping or installed new paved/concreted areas, you should first try to reach a mutually suitable solution with your neighbour. If this doesn't work, you can contact the Dispute Settlement Centre on 9603 8370 for a non-legal mediation service, or take legal action through a solicitor. Liability arising out of the flow of water is an offence under the Water Act Section 16.
Flooding caused by a small shed
If your neighbour has recently erected a small shed (under 10m2), this is a civil matter. We cannot control how your neighbour builds structures of this size as they do not require a building permit.
You should first talk to your neighbour and try to reach a mutually suitable solution. If this doesn’t work, you can contact the Dispute Settlement Centre on 9603 8370 for a non-legal mediation service, or take legal action through a solicitor.
Flooding caused during building construction
Builders should put in place temporary measures to prevent surface water flooding other properties when a building under construction temporarily features a roof without guttering or downpipes. If the builder has not put in place suitable measures to prevent flooding, you will need to take your own legal action.
If this is the cause of flooding on your property, you should first check the sign at the site for the contact details of the builder and contact them. If they do not respond, contact the building surveyor who issued their permit. If you cannot get these contact details, call our Building Services Department on 9217 2259.
Flooding caused by rainwater tanks
If the flooding is caused because your neighbour has not connected the overflow of a new rainwater tank to their underground stormwater system, who you should contact depends on whether your neighbour’s house is new or existing:
- New houses - Call our Building Services Unit on 9217 2259 to find out who is responsible for the construction.
If flooding is occurring on an existing property, talk to your neighour and try to reach a mutually suitable solution. If this doesn't work, you can contact the Dispute Settlement Centre on 9603 8370 for a non-legal mediation service, or take legal action through a solicitor. Liability arising out of the flow of water is an offence under the Water Act Section 16.
Stormwater drain and pit issues
You should report issues with Council drains, pits, and the kerb and channel, including:
- blocked stormwater drains
- broken pit lids
Sewage drainage issues
The sewerage system carries water away from your laundry, kitchen, bathroom and toilet to a main sewer, and is maintained by Yarra Valley Water.
Property owners are responsible for cleaning and repairing all private sewage drains. For advice on sewage problems, phone Yarra Valley Water on 132 762.