Building over sewers

From November 2013, new laws came into effect for building work proposed to be undertaken over or near relevant infrastructure. This includes sewers, water mains, stormwater drains or combined sanitary drains.

This type of building work must now be assessed against Queensland Development Code Mandatory Part 1.4 (MP 1.4)—Building over or near relevant infrastructure.

For more information please click on the following links:

Concurrence agency approval

Under the Sustainable Planning Regulation 2009 a 'relevant service provider' (sewerage service providers and water service providers) is prescribed as a Concurrence Agency for building work regulated under MP 1.4.

Applications must be referred to a Concurrence Agency/Mackay Regional Council when:

  • the work does not comply with an acceptable solution for the MP 1.4 performance criteria; or
  • the work is for a class 2-9 building located less than five metres from the relevant infrastructure.

Concurrence Agencies have 20 business days to assess the application and fees may be charged.

Please note: applications involving combined sanitary drains do not require a referral to a Concurrence Agency because they are generally shared by more than one lot owner and not owned by a service provider. In these cases, the assessment manager will assess the situation.

For further details please click on the following links:


To help you with your submission for a Concurrence Agency referral, council has developed an assessment checklist for you to complete. This checklist along with a completed indemnity form and all other supporting information should be included in your referral application.