Browse Forums General Discussion 1 May 14, 2008 5:15 pm Hello everyone,
I thought I would post here to see if anyone could share their knowledge regarding a house built on top of a stormwater drain built by Sydney Water. The home and drain are both between 90 and 100 years old. The rear of the home (i.e the kitchen, eating area, bathroom & toilet, and laundry) are built on top of the drain. This part of the house is fibro with a concrete floor. The drain is 1200mm in diameter, of an unknown depth (i.e. Sydney Water have no record of how deep it is), and perhaps 2-3m of the drain is buried under the home. I've been told that encasing the drain in concrete is not an option. Can anyone explain to me (or point to where I can get an explanation) the consequences of the location of the drain, both as the house currently stands, and the consequences for a potential rebuilding for the rear of the house? A building inspector I hired to look the home over told me that the owners of homes built over drains bear the risk (however small) of Sydney Water deciding that they have to come in and dig the drain up for maintenance, and that in these circumstances, the home owner is not entitled to any compensation, regardless of the damage and disruption caused. Any advice is warmly welcomed. James. Re: Home built on a Sydney Water stormwater drain 2May 14, 2008 5:26 pm Is the house built on an easement?
I'd say that it would be similar to treatment for easements - build on at your own peril and bear the cost if access to the easement is required. After 4 years - we're in! Re: Home built on a Sydney Water stormwater drain 3May 14, 2008 6:01 pm Well, in the title search, there are two notifications, one which says 'Reservations and conditions in the crown grant(s)', and the other is a covenant.
Is there any way I can find out what the reservation and covenants are without paying a lawyer? Re: Home built on a Sydney Water stormwater drain 4May 14, 2008 8:56 pm We have two easements on our land at the moment. One is in favour of a neighbour for a "proposed stormwater drain" - never been used, no pipework has ever been installed so we are in the process of getting them to legally relinquish the easement - currently waiting for their financial lender to give their approval. The second runs the length of our block and is for the Water Board.
We were told that yes you could build over the top however (a) council and the authy in charge of the easement needs to approve it (b) your lender has to be comfortable with the conditions of the build - ie they are lending against something that could potentially be ripped down & (c) that yes you may be able to build over it however as someone else said earlier should something happen hasta la vista home as it will be demolished to allow access. Tread very carefully is my opinion. Re: Home built on a Sydney Water stormwater drain 5May 14, 2008 9:29 pm James,
just out of interest where is the house you are talking about? Re: Home built on a Sydney Water stormwater drain 6May 15, 2008 12:19 pm With the technology available these days for pipe repair/relining, I doubt they'd ever need to tear down the house to repair the pipeline.
My only worry would be if an easement allows enough space for the potential of a duplication/expansion of the pipeline down the track. Re: Home built on a Sydney Water stormwater drain 7May 19, 2008 4:31 pm In the case where I live, this sort of thing is governed by the council's requirements, and the council is responsible for stormwater drains, not Sydney Water.
In my case, stormwater pipes which cross my property require an easement on the title. I have as 100mm pipe accross my property, but no easement on the title. In order to build my new house, council is requiring that I put an easement on my title for the pipe, and only after this is done will they grant the construction certificate. Assuming they approve my DA:) The Council I am in specifies that no permanant dwelling structure is allowed to be built over the top of the easement/stormwater pipe. It doesn't matter what I do to the pipe, they said they will not approve any type of living space to be constructed over it. I think you need to check with your specific council to see what their rules are. As for your existing structure, if there is no easement on your title, I don't think they can force you to do anything. However, you probably won't get any kind of development consent without the easement. Greg Re: Home built on a Sydney Water stormwater drain 8May 19, 2008 5:33 pm commodorenut With the technology available these days for pipe repair/relining, I doubt they'd ever need to tear down the house to repair the pipeline. In a previous working life I worked for an engineering consultancy and on one job we where engaged by Melbourne Water (equiv to Syd Water) to inspect several drains that went through Melbourne's inner suburbs. These drains varied from 900 mm pipes to ones which were 3 metres high and about 10 metres across. The drain went under laneways, major commercial areas, and directly under houses of the same vintage as yours in some "leafy suburbs". Most of the drains required repair with some requiring major reconstruction. The important part of this story is that our brief was that any reconstruction or repair work was not to impact on the buildings, structures, houses above ground. Whatever repairs had to be carried out from within the drain, using existing manholes and access points, even backyards were a "no-go" zone. Whilst I can't talk about new construction, certainly your building inspector is right to point out the "small risk" but IMO it would not be the authorities choice to cause damage and destruction to existing property. These main drains - particularly in the inner city suburbs - may come under the pervue of the main water authority rather than the local council. Although sometimes, and this was the case in one section of the drain we inspected, parts of it may....(100 metres "belonged" to the council....and whilst we walked through it we were told not to comment on it......bureaucracy at work..... ) Edit....Please note the Melbourne slant on this post there may be differences with Sydney Water viz-a-viz councils mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: Home built on a Sydney Water stormwater drain 9May 19, 2008 7:29 pm Mal_Content Is there any way I can find out what the reservation and covenants are without paying a lawyer? You can go to the Land Titles Office in Sydney and sight the original Crown Grant and the successive titles. However, I believe they are undergoing a major microfilming process at the moment and I think many of the old titles are not on open access anymore, but the Crown Grants should still be available (in the dungeon room!) Built a Clarendon 'Balmain' 2008 Re: Home built on a Sydney Water stormwater drain 10May 19, 2008 9:37 pm Contact the water and sewerage companies/authorities.
They normally have thier own pans on what what and where. Re repairing it - they should be able to do it from inside it as is - but if you go running dozers and trucks all over the place, I'd expect it to break or crack etc. at your cost. Steve Grab a hose, insert it at the top of the inlet/down pipe and turn the water on and see where the water is escaping from. Then you'll know. 3 8467 in the stormwater pit or the drain? Those dont look like theyd fit in the drain. Separately, the pits do get stuff in them during the course of the build. For the most… 1 7933 Yeah mine about 9 metres long and 8 wide with slope of 25% at one point but the end point of the outlet is past the side of garage and if he concretes allowing for… 4 4539 |