Private Property Drainage
Private Property Drainage

Private Property Drainage

Private Property Drainage

Request assistance with drainage concerns from neighbouring property.
Last updated on: 26 January 2026
In this article
In this article

Drainage Private Property

Private stormwater disputes or issues often arise when stormwater is illegally directed to a neighbouring property, causing potential damage or flooding concerns.
Proper stormwater and drainage management on your property is essential, and there are various options available to address these issues.

When we will take action

We investigate stormwater drainage requests when surface water flows from one property to another, provided the specific criteria below are met and attempts to resolve the issue with your neighbour have failed.
  • Evidence shows the water has caused or is likely to cause damage
  • Water is directed or concentrated by a man-made structure or drain
  • Water results from defective roof drainage.

When we will not take action

We have the discretion to take no action (or is unable to take action) in circumstances where:
  • The surface water is natural run-off from the property due to the topography and it isn't redirected in any manner
  • Surface water is flowing down and/or across existing hard surface areas such as driveways, tennis courts, concrete slabs or paved areas
  • The location of a dwelling or outbuilding impacts on surface run-off
  • Surface water run-off occurs only in periods of exceptionally heavy rain
  • Surface water is a result of overflows from storm water absorption pits where contours of land and lack of access prevent direct connection of a building's roof water to the City of Newcastle's stormwater drainage system
  • The run-off is from new development work that is the subject of a development consent and has been constructed in accordance with that consent
  • The drainage problem involves discharges from defective or blocked private inter-allotment drainage easement infrastructure (e.g. pipes and drainage pits).
Private inter allotment easements are the responsibility of the property owners who are burdened by and/or benefited by the easement.

Before we can investigate

City of Newcastle requires that certain steps are completed before we begin any investigation.

Ensure you have:

  • Attempted to resolve the issue directly with the property owner where the water originates.
  • If this isn't possible, seek advice or mediation support to help resolve the dispute. Considered independent legal advice, either through a private solicitor or by consulting a Chamber Magistrate at your local court.
  • Documented your complaint in writing, including the actions you've taken and the outcomes.
We cannot commence an investigation until these steps have been completed.

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Raise a request

If unresolved, the request must include:

  • a description of the issue
  • photographic evidence of the source - this can be supplied by replying to the acknowledgement email
  • details of occurrences
  • damage details (with a report from a qualified person)
  • any professional advice already sought.

Next steps

  1. You'll receive an acknowledgement with your request number.
  2. We will review your request and investigate. If more information is required to complete our investigation, we will reach out to you.
  3. Depending on the outcome of the investigation, we may order a neighbouring property owner to install appropriate stormwater management controls to mitigate the flow and damage caused by the stormwater.
  4. Once your request has been completed, you will receive a notification.

Time frames

Requests are prioritised depending on the severity and frequency of the issues. We will endeavour to investigate in a timely matter to ensure minimal damage to your property.