Developers play an important role in building new public stormwater and wastewater assets. Many of these need to be installed on private property. Developers must get permission from property owners before construction can begin.
Auckland Council recommends developers work directly with neighbouring property owners to access private land for stormwater and wastewater works. We encourage developers and affected property owners to enter into voluntary access agreements.
About voluntary access agreements
Voluntary access agreements allow a developer to access private property to carry out stormwater or wastewater works.
The council is not involved in these agreements. We recommend that developers and property owners discuss and agree on the following before entering into an agreement:
- whether the developer will make a payment to the property owner
- whether the works should include a connection point on the property for future connections
- the agreed timeframes and hours for entering the property and completing the works
- how any damage will be fixed and the property restored once works are finished
- whether a bond is required
- whether both parties should seek legal advice.
Request for council assistance
Developers or other customers can request the council to deliver water service projects.
This service is provided as a last resort. The process can take 12 to 18 months before works are completed.
The person requesting the service must pay all costs associated with the service. This includes construction costs and any legal costs.
Our service has three key steps.
Step 1: Business case and engagement
We prepare a draft business case to identify and assess different ways to deliver the proposed project. The business case looks at the benefits and drawbacks of each approach.
It will also consider:
- the number of properties affected by the project
- the costs and effects of each approach
- potential disruption to roads, water, electricity and other services
- whether the project supports future development
- whether the project meets stormwater and wastewater standards.
We then engage with property owners to hear their views before making a final decision.
The property owners may raise concerns about:
- construction effects, including access or parking restrictions
- vulnerable residents
- child and pet safety
- preferred construction times
- fixing any damage and restoring the property.
We will not adopt a business case until the developer has obtained:
- all necessary resource consents
- engineering plan approvals
- any other approvals required for the project.
During this process, the council encourages developers and property owners to continue working towards a voluntary access agreement. We will not be involved in these agreements.
Step 2: Legal process
If we adopt the business case, we start the legal process to get access to the required properties.
We issue Access to Property Notices to the property owners.
Once notices are issued, owners can formally respond. We will manage any objections or reviews required by law.
Step 3: Construction
Once the project moves to construction, the council appoints contractors to do the work.
Construction will begin once the estimated project costs have been paid and a bond has been provided. The bond amount is $100,000 or $60,000 for low-risk works.
How to request the council to deliver a stormwater or wastewater project
To start this process, you must complete the Application for service and general enquiries form.
We may start a waitlist if demand is high.
More information
For information about 'Access to Property Notices' process, check Accessing private property to maintain and build stormwater assets.