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Stormwater Runoff from Neighbours: What Newcastle Residents Need to Know

by | Jun 13, 2025 | Design, Development, Guide, Maintenance, Stormwater | 0 comments

Dealing with Stormwater Runoff from Your Neighbour’s Property in Newcastle

Do you notice surface flooding, pooling water or soggy patches in your yard after rain? If this water runoff is coming from your neighbour’s property, it can cause serious damage and frustration. Understanding where stormwater goes and how to manage it is key to protecting your Newcastle property.

Why Is Neighbouring Stormwater Runoff a Problem?

If your home or yard sits downhill from your neighbour’s property or recent construction, surface runoff can flow onto your land, creating puddles, flooding or even structural damage. This is a common issue in many Newcastle suburbs where varying property levels and development create challenges with managing stormwater flow.

While installing stormwater pits, pipes or drains can help redirect runoff, a common question is: who should pay for these works if the water originates from your neighbour’s property?

Your Responsibilities vs Your Neighbour’s

In Newcastle, property owners are responsible for maintaining their own stormwater infrastructure, this includes gutters, downpipes, drains, pits and any on-site detention systems associated with their land or buildings.

Legally, everyone must manage stormwater so it doesn’t negatively impact neighbours. Development or property alterations are generally required to maintain or reduce the natural flow of water onto adjoining properties.

Your property’s stormwater system must discharge legally, either into the public drainage network (such as kerb and gutter) or via inter-allotment drainage easements.

What If Stormwater Runs Onto Your Property From Your Neighbour’s Land?

Most Newcastle Councils consider stormwater runoff disputes between neighbours as private matters best resolved by discussion and cooperation. Often, the best solution is a joint effort. Both properties may need to install or maintain drainage and diversion systems to effectively manage water flow.

When New Developments Increase Runoff

If you suspect a recent development is causing extra water runoff onto your property, you should:

  • Contact the builder or developer
  • Reach out to the certifier involved in the project
  • Notify yours Council, as increasing runoff beyond approved limits may breach development conditions

Document the issue thoroughly with photos, videos and records of rain events to support your case.

When to Involve Your Council

Councils often prefer neighbours to resolve drainage issues themselves but do have authority under the Local Government Act 1993 (Section 124) to require property owners to fix problems causing unlawful water flow.

If you contact  your Council, expect initial advice that the issue is private. However, raising concerns with your local Councillors can prompt further assistance in facilitating a resolution.

How Stormwater Newcastle Can Help

While we don’t provide legal or engineering advice, Stormwater Newcastle offers consultancy services to assist homeowners with:

  • Documenting stormwater issues and disputes
  • Site inspections and reports
  • Preparing detailed records to support mediation or legal action
  • Certificates of compliance under Australian standards
  • Expert witness reports related to water management and stormwater 

Our services operate on a “do and charge” basis, with fees typically starting around $260 per hour. Legal or engineering fees will be higher, so resolving matters amicably with your neighbour is often the most cost-effective option.

Dispute Resolution Options

If negotiations with your neighbour don’t work, you can seek legal advice. NSW legislation such as the Conveyancing Act places responsibility on residents to maintain lawful stormwater connections.

Depending on the circumstances, mediation or enforcement through NSW Fair Trading, NCAT or even the Land and Environment Court may be necessary.

Need Help with Stormwater Runoff Issues in Newcastle?

If stormwater from a neighbouring property is impacting your home, contact Stormwater Newcastle for an initial consultation or site inspection. We can guide you on documenting the problem and exploring your options for resolution.

Disclaimer: This information is intended as a general guide and may not suit every individual situation. For specific advice, please consult a qualified engineer or legal professional. Stormwater Newcastle provides expert stormwater consultancy but does not offer engineering or legal advice.

Further Resources on Stormwater and Neighbour Disputes

If you’re looking to learn more about stormwater management or how to handle disputes related to water runoff, the following resources provide valuable guidance:

 

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