Easements are legal rights that allow a third party to use part of the property, where they might access drains and gas supplies, lay telephone or electricity cables, or walk across your property to reach another land. When you purchase a property with an easement registered, you might think nothing of it, until the time comes to build over the easement.
In Queensland, you can build over your easement, but consent must be obtained from all parties involved, including the easement holders. Our guide will walk you through the process of building over an easement and answer any questions that you might have.
Table of Contents
Can I Build Over An Easement In Queensland?
An easement can be built over in Queensland, but you need permission from the easement holders. Many easements in Queensland are owned by the council, so you can approach them directly for permission. When the easement is not owned by the council, you must find the easement holder and apply for permission to build over the easement.
There are a few different types of easements that you will need to apply for a permit for before building over.
Building On An Easement Owned By The Government
Building work includes building, repairing, altering, demolishing, moving, underpinning, building other structures, excavating, or filling. On land where there is an easement owned by the council, you will need permission from the council before you can begin any of this work.
You must apply for permission before you carry out any of the work, even if the work will not be happening near the easement area. Every registered holder of the easement must consent to the building work before approval can be given for you to begin your work.
Building On Land With A Registered Statutory Covenant
If there is a statutory covenant on the land you are building on, you will also need consent from the local council. You will need permission even if the work is taking place outside the covenant area.
Building On Land With An Easement Owned By Private Sector
Not all easements will be owned by the local government or state, and some will be owned by third-party sewerage service providers, private landowners, or other third parties. In these cases, you will still need to apply for a permit through the council, but they will reach out to the owner and seek their permission. In these cases, it is best to include the information of the owner with your application. If you aren’t sure who owns the easement on your land, you can complete a title search, which should provide you with the company or individual’s name and some contact details the council can use to seek permission on your behalf.
How Do I Apply For An Application To Build Over An Easement?
You can apply for an application to build over an easement online. The application process is pretty straightforward and you can contact the council for help if needed. When you submit your application, you will need to pay a fee. The fee is processed when permission is granted by the council and must be paid in full before they grant you permission.
Building Over Easement Application Process
The application process isn’t too difficult, with just a few steps to follow.
Step 1 – Gather Your Information
Before you begin the application process, we recommend gathering all the information that you need. This will speed up the time it takes to complete your application. The following information is needed for your application:
- Title document
- Easement dealing document
- Survey plan showing easement
- Plans showing the location of the easement and any proposed infrastructure that will be placed within the easement. These plans need to clearly show:
- An easement boundary
- Any infrastructure or pipes within the easement
- All proposed works and materials, including measurements for any height, boundary, and easement offsets, descriptions of the work, and any materials to be placed within the easement like pools, tiles, fences, etc.
If you do not have any of the title and easement documents, you can search for them online, but there is a fee to download or print them. You can also contact your solicitor to see if they have copies of the documents (which they would have had during your purchase of the land).
Step 2 – Check Further Information Isn’t Needed
In some cases, further information and a second application is needed. This is mainly when the work you are proposing is built within two meters of an infrastructure currently on the easement land. You might need to include:
- A build-over or near stormwater drain application
- A build-over asset application
Any building development work near or over sewers, water mains, stormwater drains, or combined sanitary drains must be assessed against the Queensland Development Code MP 1.4 Building over or near relevant infrastructure.
The council will inform you whether you need this additional information when you submit your application, but you can check to see if you have any drains on your easement that would require you to fill these additional forms in.
Step 3 – Submit Your Application
Once you have all your information, you can submit your application, double-checking that all of the information has been entered correctly. You will be contacted by a member of the council once your application has been submitted and if any further information is required.
Step 4 – Await Approval
Local councils in Queensland try to give you a decision within twenty working days of the application, but it can take longer during busy periods. You cannot begin any work before the work has been approved.
Once you have approval, you can pay the fee and get to work. You will usually need to submit a building development application for any extensions or pools that you are adding over the easement, which must be approved before work can begin. Be sure to check if any further applications are needed for your building before you begin.
How Long Do I Have To Build Over An Easement In Queensland?
Once you have permission to build over an easement in Queensland, you typically have twelve months to lodge a building development application. If you do not lodge the application within this time, the consent will automatically lapse, and you will need to complete the application process again.
It’s worth noting that the timeframe only relates to the time it takes to submit a building development application. You will have more time after this to complete the building work without worrying about consent being withdrawn.
Building Over An Easement In QLD
Building over an easement in Queensland is not impossible, providing that you have permission from the easement holder. In most cases, this is the council or a third-party company. Here at Buildi, we can help you find the right builder who can offer assistance in completing your form and building over your easement. Why not fill out a contact form today to see what we can offer you?
0 Comments