What is Building Over Council Asset/Easement?
Council Assets: Council assets refer to properties or infrastructure that are owned, maintained, or regulated by local government authorities. These assets can include sewage pipes, water supply lines, roads, drainage systems and more. Building over a council asset typically involves constructing a structure close to these council-controlled assets.
Easements: Easements are legal rights that allow someone other than the landowner to use a portion of a property for a specific purpose. This could include granting access for utility companies to maintain their infrastructure, or creating a right-of-way for pedestrians. Building over an easement means that construction will take place in an area where others have legal access or usage rights.
Challenges and Considerations
Building over council assets or easements can be a complex process due to the potential impact on existing infrastructure, regulations, and safety concerns. Here are some key considerations:
Regulations and Permits: Local councils have strict regulations and permit requirements governing construction near or over their assets. Compliance is crucial to avoid legal issues and delays.
Engineering and Safety: Building over council assets requires engineering assessments to ensure that the construction won’t compromise the integrity of existing infrastructure or pose safety risks.
Access and Maintenance: The construction should not obstruct access for maintenance or repair of council assets. Easements must remain accessible for the authorized parties.
Utility Relocation: In some cases, utilities may need to be relocated to accommodate the construction, which can involve additional coordination and costs.
Liabilities: Property owners are typically responsible for the cost of any damage to council assets or easements caused by the construction.