Can I build over or near an easement?
If a pipe runs underneath the proposed dwelling, first determine what the pipe is and who owns it.
- Sewer: Icon Water controls ACT water/sewer network assets. Alteration or relocation may be possible with Icon Water approval, although not all assets can be altered and approved works are generally at the applicant’s expense.
- Municipal stormwater: A new dwelling/building is not permitted within a stormwater easement. City Services does, however, have an approval process covering infrastructure relocation or removal.
- Private drainage: This may potentially be redesigned or relocated as part of the development’s plumbing/drainage design.
Importantly, moving the pipe does not automatically remove its easement. An existing easement may need to be legally changed or extinguished separately.
Reference: ACT City Services, Stormwater Applications – https://www.cityservices.act.gov.au/plan-and-build/building-works/stormwater-applications & Icon Water, Relocate or Alter a Service – https://www.iconwater.com.au/Developers-and-Renovators/Relocate-or-alter-a-service
Short Answer
You generally cannot build a new dual-occupancy dwelling over a municipal stormwater pipe/easement. If a sewer or stormwater pipe conflicts with the building footprint, the usual options are to move the building, obtain approval for works near the asset, or investigate relocating the pipe.
Detailed Explanation
ACT Planning requires utility infrastructure to remain accessible and warns that building over or too close to an asset can result in the owner having to remove the obstruction or pay for relocation of the utility main.
For municipal stormwater, City Services expressly prohibits new dwellings/buildings within stormwater easements, although infrastructure relocation can be applied for. Foundations adjacent to an easement must also avoid loading the underground pipe.
No minimum block size does not remove the need for planning assessment.
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