Water coming from a neighbouring property

If you have water on your property from a neighbouring property, it's a civil matter between you and your neighbour.

This applies to stormwater that comes from an adjoining property from:

• building works
• sheds
• garages or carports
• rainwater tanks
• driveways
• paving, paths or landscaping works.

Who is responsible for stormwater issues?

Stormwater from adjoining land is regulated under the Water Act 1989. Under this law, the property owner is responsible for ensuring they don't cause nuisance to neighbouring or adjoining properties

We don't have the power to regulate this law, and we can't ask an adjoining owner to comply.

How can I resolve the issue?

Options to help resolve the issue include:

• writing or talking to your neighbour about the water issue
• contacting the Dispute Settlement Centre Victoria (DSCV) for advice and requesting mediation
• applying to the Victorian Civil Administration Tribunal (VCAT), who can take action to address unreasonable flow of water between properties
• seeking independent legal advice about civil actions available under the Water Act.

More information

Building Department
Phone: 03 8470 8899
Email: building@darebin.vic.gov.au