Stormwater drainage on private properties

Council will only commence an investigation into stormwater concerns if the following criteria has been met:

• A written report from a Hydraulic Engineer (or other suitably qualified person) has been provided to adequately substantiate stormwater has been directed to and/or is concentrated in a particular area by a man-made structure or drain or is the result of a defective roof drainage system; and
• Is causing or is likely to cause physical damage to your dwelling, and
• Photographic and/or video evidence to adequately substantiate the above.

Council will not commence any investigation if the following is occurring:

• your property is flood prone or located in an overland flow path
• the stormwater water is natural run-off from the property or properties above due to the topography and is not redirected in any manner
• stormwater is flowing down or across existing hard surface areas such as driveways, tennis courts, concrete slabs, or paved areas
• the location of an existing dwelling or outbuilding impacts on stormwater run-off
• the stormwater is subsurface seepage or water seepage as a result of ground water
• stormwater run‐off occurs only in periods of exceptionally heavy rain
• stormwater is a result of overflows from stormwater absorption pits where contours of land and lack of access prevent direct connection of a building’s roof water to the council’s stormwater drainage system
• the run‐off from new development work that is the subject of a development consent or complying development and has been constructed in accordance with that consent
• the drainage problem involves discharges from defective or blocked private inter‐allotment drainage easement infrastructure. For example - pipes and drainage pits.

Step 1: Talk to your neighbour

Council strongly encourages residents to speak directly with the property owner in the first instance to address any stormwater concerns. Often, property owners simply do not realise that they are creating a stormwater issue and causing a nuisance to their neighbours.  A calm, respectful conversation can resolve most issues in a more amicable, timely and cost-effective manner and will help maintain good neighbourly relationships.

If you do not feel comfortable approaching your neighbour directly, consider leaving a polite, non-confrontational letter in their letterbox explaining your stormwater concerns.

Step 2: If the problem continues

If the stormwater issue continues and you are unable to resolve it directly with your neighbour, you may wish to consider the following options:

• Plumber or hydraulic engineer: engage the services of a plumber or hydraulic engineer to assist with identifying the issue and providing professional advice on how to resolve the issue.
• Mediation: seek mediation with your neighbour – please refer to Council’s Neighbourhood Mediation and Dispute Resolution page for tips on neighbourhood mediation.
• Private Legal Advice: obtain your own private legal advice – please refer to the Law Society’s website Register of Solicitors which provides an online directory of NSW solicitors.

Step 3: Council may investigate

You can lodge a request with Council. Council will only commence an investigation into stormwater concerns if the following criteria has been met:

• A written report from a Hydraulic Engineer (or other suitably qualified person) has been provided to adequately substantiate stormwater has been directed to and/or is concentrated in a particular area by a man-made structure or drain or is the result of a defective roof drainage system; and
• Is causing or is likely to cause physical damage to your dwelling, and
• Photographic and/or video evidence to adequately substantiate the above.

If the concerns meet the above criteria, Council will write to the owner in the first instance to bring the matter to their attention and seek their co-operation to address the concerns. If the issue remains unsolved, Council may investigate further and, if necessary and possible, take appropriate action.

Lodge a request