Stormwater on Council land and private property

Stormwater is rainwater that runs off hard surfaces such as roofs, roads and driveways, as well as natural ground. Once it falls, the water flows downhill to the nearest creek, river, or underground drainage system. It travels overland through roads, parks, or private property, following natural flow paths.

Council has rules in place to ensure stormwater can move safely to creeks, streams and drainage systems.

Council's stormwater network

Council handles the maintenance of Council-owned stormwater drainage. Council is not responsible for private stormwater infrastructure.

The city's stormwater system runs through roads, reserves, easements, and some private properties. It is a network of pipes, pits, channels, and other drainage systems.

You can report blocked stormwater drains or faulty manhole covers on public land to Council by lodging a request.

Stormwater pollution

Allowing litter, dirt, petrol, oil, grease, and paint to enter stormwater drainage systems is an offence.

You can help prevent water pollution by:

  • Disposing of litter, dirt, and garden waste properly.
  • Never pour petrol, oil, grease, or paint onto the ground or into drains.
  • Using safe containers for hazardous liquids and taking them to a recycling or disposal centre.
  • Keeping gutters, drains, and downpipes clear of debris.

Learn more about or report water pollution.

Connecting to Council stormwater

You need Council approval before connecting to Council stormwater drainage. Discharge points may be subject to conditions. To learn more about these conditions, contact Council.

To connect to a downstream property, you must have permission from the property owner.

Drainage easements

Sometimes, Council stormwater drainage is on or under private land. This includes open drain channels, below-ground pipe systems and grated inlets. These structures accept stormwater from nearby properties. At times, larger water flows can be expected.

Properties with these structures will have a drainage easement. This is so Council can enter and work on the drainage structures. An easement gives the right for someone other than the owner to use or enter a section of land.

Generally, you are not permitted to build any structures within an easement. You may be able to place structures close to the easement. Find out more about placing a structure on your property.

Drainage easements remain part of the private property. Owners should conduct routine maintenance of the easement along with the rest of the property.

Council will only carry out work if maintenance is required for the adequate functioning of the drain.

Private property and stormwater

Water always flows downhill. If your property is lower than the surrounding land, you must accept this flow. The water may come from neighbouring properties or public land.

Owner responsibilities

Owners of uphill properties are not responsible for stormwater that flows downhill. Downhill property owners must accept that stormwater flows onto their land.

Roof and other stormwater runoff must flow through underground pipes to an approved discharge point. This can be:

  • the street kerb and channel
  • an inter-allotment drainage system
  • a Council-controlled drainage easement or drainage reserve
  • a Council-controlled table drain
  • an on-site disposal system, such as a rubble pit or absorption trench. These must be engineer-designed by an appropriate person with experience.

You cannot build anything that interferes with the path of overland flow. You must not restrict or redirect the flow of stormwater over land in a way that may cause the water to collect and become stagnant. This includes fences, retaining walls, garden beds or landscaping. You cannot change the path of overland flow to the detriment of adjoining properties.

Neighbour disputes

In the first instance, try working with your neighbour to solve stormwater issues.

If this is not possible, you may:

  • Attend mediation services with your neighbour. This is a way of settling a dispute without legal action. A free mediation service is available through the Department of Justice and Attorney-General.
  • Apply to the Queensland Civil and Administrative Tribunal to resolve the dispute.
  • Seek independent legal advice.

Stormwater entering sewers

Stormwater must not discharge into the sewerage system. Sewers are designed for wastewater from toilets, sinks, and showers. Discharging stormwater into sewers is against the law. If stormwater enters the sewer, it can:

  • overload the system, causing backups and overflows
  • pollute rivers, creeks, and the environment with untreated wastewater
  • create health hazards for people and wildlife.

New construction

For complaints about buildings under construction, contact the private building certifier or builder. Contact details should be on the building sign at the front of the premises.

Individual builders are responsible for all stormwater installations under a building approval. Private building certifiers have enforcement powers. They must take appropriate action under relevant legislation.

For more information, contact the Building and Construction Commission.

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