Stormwater Infrastructure Responsibility
Property owners are responsible for all drainage infrastructure that manages stormwater runoff from their property, including any private infrastructure located under the road reserve up to the kerb and water table.
Stormwater from each property should generally be directed through an underground pipe to the kerb and water table in the adjacent roadway. This discharge point is the clear delineation between property owner and Council responsibility.
Property owners are responsible for:
- Maintaining all private drainage infrastructure up to the kerb and water table.
- Ensuring stormwater run-off from their property does not adversely impact neighbouring properties.
- Keeping private stormwater connections to the kerb and water table in good working order.
Council is responsible for the maintenance and operation of the public stormwater infrastructure and drainage network.
Stormwater Intrusion From a Neighbour’s Property
Overland stormwater flows between neighbouring properties are generally a civil matter between landowners.
As outlined by the Legal Services Commission of South Australia:
- Natural water flows across boundaries (rain, flood, land slope) usually do not create legal liability.
- Liability may arise if a neighbour’s actions directly or indirectly cause stormwater impacts (e.g. poor construction of tanks or paving large areas without drainage).
- Legal remedies may be available for trespass, negligence, or nuisance if a neighbour’s actions cause water to flow onto your land without consent.
- Easements (if registered on the title) may provide lawful authority to direct water onto adjoining land.
Landowners are encouraged to discuss concerns directly and seek a mutually agreeable solution.
New Developments and Alterations
Stormwater generated by new development must be managed on-site or discharged to Council’s stormwater network.
- If no discharge point exists, one must be established as part of the development approval.
- Any works in the road reserve require Council approval under Section 221 of the Local Government Act 1999.
(Apply using Form SF031 / Section 221 Permit Application).
Blocked Stormwater Pipes on Private Property
Property owners are responsible for all private stormwater pipes and connections, including sections under the road reserve that discharge into the kerb and water table.
For private blockages, property owners should engage a licensed plumber.
Blocked Council Stormwater Drains
If you observe blockages in Council’s stormwater infrastructure, please contact Council on (08) 8842 6400.