Do you experience surface flooding around your property due to your neighbour’s water runoff? Water runoff after rain events can cause trouble for your property. This is worsened when the runoff is coming from your neighbour’s property.
The law generally requires owners to address their own water needs and restricts any development from increasing the natural flow to their neighbours. To avoid damaging your own or a neighbour’s property, you must make sure that your property’s stormwater system is connected to a legal point of discharge. This can be either to the public drainage system (including kerb and gutter) or an inter-allotment drainage system (within dedicated easements).
Runoff due to New Development
If the runoff is associated with a new development, you can talk to the Builder, the Certifier and/or Council as increasing the water flow is likely to be a breach of approval conditions. You will need to document the issues and show a case that the development is causing the impact. NSW Fair Trading offers a specific criterion in which they can address complaints.
NSW Fair Trading – Concerns with development
Check out their article here: Concerns with development
If you believe that water runoff may be due to a breach of the legal requirements of the development application, you may want to contact your neighbour, the Builder or Certifier.
NSW Fair Trading will advise you to try and resolve disputes by communicating with your neighbour, developer, Local Council, or the Certifier of the development.
The Certifier is an independent entity that ensures stages of the development are meeting legal requirements and conditions of consent. If there is an issue with compliance the Certifier can direct the owner of the actions required to take.
Local Councils can issue an order for work to be halted or issue fines if developments are breaching legal requirements or conditions. Commonly the council will attempt to divert the matter to the Certifier in the first instance before enacting this authority.
The property owner is responsible to meet the conditions of the development approval and the builder is responsible for the supervision of the work and subcontractors. The builder must ensure that work is conducted in line with approved plans and the Building Code of Australia, and Australian Standards.
Fair Trading NSW can investigate complaints against licensed builders, tradespeople, certifiers, and Councils (only in their capacity as certifiers). However, these are under specific criteria. You may find the following NSW Fair Trading pages helpful:
NSW Fair Trading is restricting in have any power to:
- Order building work to stop.
- Act on complaints against property owners (who are not licensed builders).
- Confirm that a development certificate is invalid.
- Investigate complaints against council, including how a council exercises its enforcement.
Stormwater Newcastle Assistance
Stormwater Newcastle can on a consultancy basis, assisting homeowners with documenting and managing their disputes. These services are undertaken on a “do and charge” basis providing stormwater management services. These services provided do not include Engineering or Legal advice. Stormwater Newcastle does have partners that can assist with those services if required.
Stormwater Newcastle assistance can include:
- Site inspection and report.
- Documentation of water runoff and stormwater Issues.
- Preparation of dispute history and documentation for further Legal or NCAT
- Provision of Certificates of Compliance under AS3500.
- Provision of Expert Witness (All water issues).
- Provision of Rectification Reports (All water issues).
You can expect that this assistance will be charged upwards of $280* per hour, with Engineers and Lawyers significantly more. If you can sort it out with your neighbour, it might be a lot cheaper.
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Disclaimer: This information is general in nature, provides guidance only, and may not be applicable to your situation. You should contact Stormwater Sydney for advice on your specific situation or gain professional advice from a Practicing Engineer or Legal Practitioner. We have no endorsement or association with Fair Trading NSW and only provide links as sources of information that may be relevant.