Legal point of discharge

A Legal Point of Discharge is a point, specified by Council, where stormwater from a property must be discharged. It is usually into Council’s stormwater drain or a drain in an easement, where available, or street kerb and channel.

You must apply for a Legal Point of Discharge permit through Council.

Council is often asked to provide direction on the Legal Point of Discharge for existing properties and for residential, commercial and industrial developments and redevelopments.

Why do you need a permit?

Under Section 610 of Building Regulations 2006, all property owners are legally required to ensure that stormwater drainage from their property is connected to a legal point of discharge, nominated by the Council.

When do you need to apply for a permit?

When you change your roof or paving, irrespective of whether you have obtained this type of approval for your property in the past.

Who is responsible for ensuring connection to a legal point of discharge?

The property owner is responsible for ensuring stormwater drainage from a property is connected to a Legal Point of Discharge.

The property owner is also responsible for maintaining and repairing the drain between their property and the Legal Point of Discharge, even if the point of connection occurs within a street reserve or public land.

Applying for a Legal Point of Discharge does not provide information relating to the internal private drainage system on a property.

Who is responsible for checking stormwater drainage design?

The design of every stormwater drainage system to the point of discharge from a property must be approved by a Relevant Building Surveyor. Council is not required to check and approve the design.

However, Section 610 of the Building Regulations 2006 does not limit Council’s powers under the Local Government Act 1989 to instigate a drainage scheme or require an owner to perform drainage works.

How to apply for a legal point of discharge permit?

Your building surveyor must consider this report before issuing a building permit.

Apply for a Legal point of discharge permit

Application for Legal point of discharge(PDF, 211KB)

Stormwater connection within the Road Reserve

If the legal point of discharge for a property is within a road reserve, construction or alterations to the property connection requires a permit for works within a road reserve. Find our more on our Works within a road reserve page



Please note, the Legal Point of Discharge permit does not provide a plan of stormwater drains on your property. Issues relating to flooding or overland flow of water between adjoining properties need to be resolved between the private property owners involved. These issues are not the responsibility of Council.