If you are experiencing surface flooding and puddles around your property due to your neighbour’s water runoff, it can indeed be troublesome. In many cases, property owners are responsible for managing stormwater on their land to avoid damage to their neighbour’s property as well as their own. Generally, the law requires each property owner to address their own water needs and restricts any development that increases the natural flow to their neighbour’s property.
If you find that stormwater is running onto your property from a neighbour’s property, it is often considered a private matter. In such cases, the best approach is to have a discussion and negotiate with your neighbour. You can explore options such as drains and diversion paths to resolve the issue in both properties.
If the surface runoff is associated with a new development, you may want to communicate with the builder, certifier, and/or council, as it could potentially be a breach of approval conditions. Documenting the issues and presenting a case that the development is causing the impact can help bring attention to the matter.
In some instances, involving the local council may be necessary. While councils may initially be reluctant to get involved in neighbourhood issues, they have responsibilities under local government acts and may be the only party capable of bringing a resolution across several neighbours. Under the Local Government Act (specifically section 124 of the Local Government Act 1993 in New South Wales), a local council has the power to issue an order to the property owner or occupier to take action to remedy the flow.
When dealing with disputes between yourself and your neighbour, there are legal approaches to resolve the matter. Seeking advice from legal professionals, utilising mediation or enforcement mechanisms offered by entities like the NSW Fair Trading and NCAT (New South Wales Civil and Administrative Tribunal), and potentially seeking orders from the Land and Environment Court or the Supreme Court of New South Wales might be options.
If you require assistance in documenting and managing disputes related to stormwater issues, consulting with a company like Stormwater Newcastle may be an option. They can provide various services on a “do and charge” basis for stormwater management. It’s essential to note that the information provided is general in nature and may not be applicable to your specific situation. For personalised advice, you should contact a professional engineer or legal practitioner.
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Reference Material on Stormwater and Disputes
- Stormwater – Australian Government – https://www.yourhome.gov.au/water/stormwater
- Stormwater Library Links – Stormwater NSW – https://stormwaternsw.asn.au/resources/external-links/
- Find Legal Answers – State Library NSW – https://legalanswers.sl.nsw.gov.au/neighbours-and-law/water
- Nuisance Caused by Water (Corbett v Pallas NSW Court of Appeal 23 March 1995) – http://classic.austlii.edu.au/au/journals/AUConstrLawNlr/1996/33.pdf
- Private Nuisance – Environmental Defenders Office – https://www.edo.org.au/publication/private-nuisance-in-nsw/
- Easements and Section 88K – Watson and Watson – https://watsonandwatson.com.au/service-23/easements-access-right-of-way-and-s88k
- Understanding Easements in Your Property Contract – Somerville Laundry Lomax (NSW) – https://sll.com.au/legal-news/understanding-easements-in-your-property-contract/
- A Public Guide to Managing Stormwater Drainage on Residential Properties – Catchments and Creeks – https://www.catchmentsandcreeks.com.au/docs/Public-Guide-to-Stormwater-Drainage-print.pdf
- Flooding or Water Flooding From your Neighbours Property, what can you do? – Scanlan Carroll (Vic) – https://www.scanlancarroll.com.au/news/flooding-or-water-flow-from-your-neighbours-property-what-can-you-do/