Hi there. In Victoria, each property owner must ensure that their pipes do not affect other property owners and that they are properly connected to council-nominated points of discharge. Whether you are responsible for the costs of repairing the stormwater drain will depend on the location of the damage. If the damage to the pipe is within your property boundary line, you will most likely have to cover the costs. If the damage is within your neighbour's boundary, they will have to pay. If the location is unclear, you should contact your local city council for an assessment.

If the pipe needs to be moved or diverted, you may need to pay for this work to be done, even if the pipe is on your neighbour’s property, because the work is a result of your renovation. The exact laws that will apply to your property will depend on the local city council laws. From the information you provided, your council catchment area is not known.

Suggested way forward

Usually these types of issues can be settled between neighbours with a simple agreement. However, if the issue persists, consider contacting the Dispute Settlement Centre of Victoria on (03) 8684 1333 for a non-legal mediation service. Alternatively, you can speak to a lawyer who can properly assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.