Stormwater

Most issues regarding water flowing across a neighbouring block (overland flow) are dealt with between the relevant property owners.

If water is flowing across a property due to any of the following, the owner should seek independent advice or deal with the neighbour directly:

• The water is a naturally occurring overland flow.
• The water is on the property because of the construction of a fence, wall, or building that is causing it to dam rather than flow.
• The building dates from a time before the enactment of the Building Act (i.e. before 1975). Many properties dating from that time were not required to be connected to the stormwater system and consequently have pipes that simply empty onto the ground below.

If the water is the result of heavy rain drains do not always cope. The legislation and regulations covering the dimensions of pipes and stormwater systems are written with average rainfalls in mind and do not make allowance for heavy deluges. For this reason, even approved stormwater disposal systems may appear inadequate on occasion due to extreme weather conditions. A licensed plumber and drain-layer can provide advice on pipes and drains.

Many water flow problems can be dealt with effectively by installing seepage drains. Seepage drains prevent pooling and allow the water to be directed away from properties and into the stormwater system. A licensed plumber and drain layer can provide advice on installing seepage drains and other measures to deal with stormwater.

Building legislation requires that development applications for new buildings and renovations address stormwater drainage for the property in a way that protects buildings and structures for the adjoining land users.

Stormwater from new buildings and additions must be addressed by the Building Certifier who has approved the building works. The certifier must not finalise the development application until an approved stormwater system has been installed. If the certifier has not properly addressed the stormwater drainage for the property the matter can be referred to the Queensland Building and Construction Commission.

Individual builders are responsible for all stormwater installations permitted under a building approval until the application is finalised. Builders are also responsible for stormwater discharge on site during construction including erosion and sediment control.

The following points may provide further assistance for stormwater issues -

• Speak to your neighbour first. Many people do not realise the problem is occurring and are happy to co-operate.
• Where landowners cannot resolve the problem, the Dispute Resolution Centre can provide further guidance.
• A solicitor can assist with other aspects, such as legal considerations between neighbours, including liability and damages.
• A licensed plumber and drain layer can provide advice on the source of water and how best to resolve the problem.
• View an interactive map of your property's stormwater infrastructure here.

Factsheets

• Stormwater Guidelines (PDF)