Unreasonable flow of water between properties

If there is an unreasonable flow of water onto your property or someone interferes with the reasonable flow of water onto your property, and this causes you to suffer loss or damage, you can make an application to us claiming compensation or seeking an order requiring the other person to do something to stop the unreasonable flow of water or interference.

These cases are heard and decided by the Building and Property List Definition A List is an area in VCAT that deals with cases of a similar nature. For example, the Residential Tenancies List decides cases between tenants and landlords, and the Civil Claims List handles disputes about buying or selling goods and services. .

VCAT also hears and determines disputes relating to the management and use of water or relating to fees charged or the services provided by water authorities. These cases are heard by the Planning and Environment List as Applications relating to natural resources or as Applications relating to rates and charges.

Time limits

Generally you must apply within 6 years of the date of the unreasonable flow of water.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.In many cases all parties are represented by agreement.

In many cases in the Building and Property List all parties are represented by agreement. If you are represented by a legal or other professional representative, we will only communicate with them

Find free or low-cost legal services that may be able to assist you.

Need help with your application?

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim. The following services may be able to help you:

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this type of case

Cases VCAT can hear

VCAT can hear your case if you have suffered loss or damage either because of an unreasonable flow of water onto your property from another property or because someone has interfered with the reasonable flow of water onto your property. VCAT can also hear your case if you have suffered loss and damage because of water flowing onto your property from the works of a water authority, such as a public sewer or stormwater drainage system.

Cases VCAT cannot hear

The Building and Property List Definition A List is an area in VCAT that deals with cases of a similar nature. For example, the Residential Tenancies List decides cases between tenants and landlords, and the Civil Claims List handles disputes about buying or selling goods and services. of VCAT does not hear disputes which involve fees charged by water authorities or disputes over the services supplied to a property by a water authority.