Can You Build a Shed Over an Easement?

16 October 2024

Building a shed on your land might seem like a pretty straightforward project. But what happens when the perfect spot happens to sit over an easement? If you're like most homeowners, you might not even be sure what an easement is, let alone how it could affect your plans, but they can certainly complicate your shed building dreams if things are not handled properly!

Don't panic - Fair Dinkum Builds is here to help! Here, you'll find everything you need to know, including what an easement actually is and all of the factors you'll need to consider before making any decisions about the placement of your new shed.

What is an Easement?

So, what exactly is an easement? Simply put, an easement is a section of your property that is legally accessible to a third party, such as a utility company, for the purpose of installing or maintaining services like water, gas, electricity, or drainage.

This can mean that, even though the land technically belongs to you, you can't always build on it without meeting certain requirements. As such, if you're considering putting up a residential shed, garage, or any other structure over an easement, there are few things you need to think about.

Firstly, Do You Need Planning Permission?

When you're considering building over an easement in Australia, the first thing you'll need to know is whether you need planning permission. It's certainly tempting to think that something as seemingly minor as a shed won't require council approval, but that assumption can land you in hot water!

Whether or not you need planning permission will depend on the size of your shed, its location, and, crucially, what it's sitting over. In most cases, if you're building a shed of up to 10 square metres, you might not need formal approval from the council. However, the key word here is "might", and the moment an easement comes into play, it's a whole different ball game.

In Australia, councils tend to have pretty strict guidelines when it comes to building over an easement, and the reason is simple; an easement provides access to important infrastructure, and anything you put over it could interfere with maintenance, repairs, or upgrades to essential services.

So, before you do anything else, check with your local council to see if your proposed shed needs formal approval. This is something Fair Dinkum Builds can do for you, and we'll work with your local council to create building plans that won't infringe on any legal easements.

What Are the Challenges of Building a Shed Over an Easement?

Building a shed over an easement isn't necessarily impossible, but it does come with a unique set of challenges that you likely wouldn't have to face if you were building elsewhere on your property. One of the biggest challenges is access, as utility companies or other service providers must be able to access the easement at any time, and if your shed obstructs that access, you could be forced to modify or dismantle it at your own expense.

Another major challenge is the risk of damage to the infrastructure underneath. Many easements house pipes, drainage systems, or electrical cables, and heavy structures like sheds can put pressure on the ground and damage these systems. The result? Costly repairs, affected services, and potentially damage to your property.

You might also face limitations on the size and type of structure you can erect over an easement, even if you're granted council approval. This often means having to compromise on the materials or design, choosing lighter or more basic options that can easily be removed if needed. Now, while these restrictions may not seem like a huge issue, they can make it difficult to build the shed you've been dreaming of and put limits on creating heavy-duty, permanent structures.

Building a Shed Over an Easement

You've checked with your local council and have received preliminary permission to build a shed over an easement. What comes next? Well, there's still a detailed process involved in making sure your shed is legally compliant and doesn't pose any future issues for utility companies or property owner.

Securing Utility Approval

Before breaking ground, you'll likely need to get approval from the utility companies that own the rights to the easement, even if you've gone through the council's application process and have gained local council approval. This involves contacting water, electric, or gas companies, depending on what services run through the easement. And, as different companies will have their own requirements regarding what you can build, they may even send out an inspector to review the site in person before giving you the go-ahead.

Weight and Construction Requirements

Even with both council and utility company approval, you'll need to make sure your shed won't damage any existing infrastructure. This usually means thinking about the weight of the shed and the type of materials used. A concrete slab, for example, may not be allowed because the weight of it could cause damage to the underground pipes or cables, and in these cases, a lighter-weight foundation, like a steel frame, might be necessary.

Likewise, you may also need to be certain that your shed can be easily moved when needed, as if the utility company needs to access the easement in the future, a shed built with permanent materials can create a real obstacle.

Ongoing Maintenance

Part of your approval could stipulate that you're responsible for any future issues caused by the presence of the shed sitting over the easement. For example, if the utility workers need access and your shed is in the way, the could legally dismantle it and you would be responsible for any associated costs. This could mean taking on extra insurance or building in such a way that minimises potential problems down the line.

Indicative Costs of Building a Shed Over an Easement

There's no one-size-fits-all answer when it comes to the cost of building a shed over an easement, and a variety of factors will influence the final price tag. These include the size of your shed, the materials used, and any extra conditions imposed by local councils or utility companies in order to gain final approval. Unfortunately, without knowing the specific details of your project we can't provide costing information - however, if you get in touch with our team we will be able to assist and provide a free quote.

Designing Your Dream Shed With Fair Dinkum Builds

At Fair Dinkum Builds, we understand that every shed needs to be unique to your specific needs. That's why our sheds are fully customisable, which means you don't have to settle for off-the-shelf designs, and we'll also work closely with you to make sure your shed not only meets your functional requirements but also complies with all the relevant legal regulations, including building over easements.

Check out of free, shed designer app - play with variables like size, roof pitch or colours, or add extras like windows, lean-tos and more.

Get in Touch for an Obligation Free Quote on Your New Shed

If you're thinking about building a shed (whether it's over an easement or not), why not get in touch with Fair Dinkum Builds? We offer obligation-free quotes and are more than happy to walk you through the process, showing you how we can work together to create a shed that meets all your specific conditions. Get in touch today and start building your dream shed!