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.
Find out if you're in the right place
What we can help with
- loss or damage because of an unreasonable flow of water onto your property from another property
- loss or damage because someone has interfered with the reasonable flow of water onto your property
- 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.
What we can't help with
- disputes which involve fees charged by water authorities
- disputes over the services supplied to a property by a water authority
- some cases where one party lives in another state or is a Commonwealth government organisation.
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. See applications about natural resources or another type of environment and resources application.
Generally you must apply within 6 years of the date of the unreasonable flow of water.
Make an 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.
Do I need a lawyer or professional representative?
You do not need to have legal or other 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 legal services that may be able to assist 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.
Legislation that applies to this type of case
- Victorian Civil and Administrative Tribunal Act 1998
- Sections 15 to 21 and section 157(1) of the Water Act 1989
Other organisations that can help
We can help you understand how to apply. We cannot give you legal advice or tell you what to write in your application. These organisations may be able to help you.