Resolving Drainage with Neighbours

Resolving stormwater runoff issues between neighbours

Flooding or water flow issues between adjoining properties should be resolved between the private property owners involved.

Who can resolve a stormwater issue?

Stormwater nuisances from adjoining land is regulated under the Water Act 1989. Council is not designated under this legislation to enforce nuisance flooding compliance between two private properties and cannot request an adjoining owner to comply with this Act. 

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Options to help resolve the issue: 

  • Get in contact with your neighbour about the water issues you’re experiencing or write them in a letter expressing how you are affected. This must be conducted before moving on to other options.
  • Should option 1 fail to resolve your issue, contact the Dispute Settlement Centre Victoria (DSCV) for advice and request a mediation meeting.
  • Make an application to the Victorian Civil Administration Tribunal (VCAT) for a case under unreasonable flow of water between properties.
  • Or seek your own independent legal advice regarding civil action available under the Water Act 1989.

Flooding or water flow issues between adjoining properties can only be resolved between the private property owners involved. Council cannot intervene on a standing property where there are no large scale construction works active.

 

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