Injury or property claims

If your claim is about injury or damage caused by the condition a footpath (such as a paver or concrete misalignment) you will need to show that Council had actual knowledge about the problem and had neglected to fix it.

We conduct regular inspections of the footpath network and are continually assessing damaged areas and prioritising repair work.

Not all deviations in footpaths require repair.

Council has standards for when a repair is required.

When a repair is necessary, factors including how long we could reasonably take to fix a problem are also taken into account.

If your claim is related to a utility access point in a footpath or road you should contact the relevant utility provider:

• water
• sewer
• gas
• communications.

Council is not legally responsible to pay compensation when trees or branches fall unexpectedly or because of weather.

We look after many thousands of trees on public land across the municipality.

Our resources do not allow for a municipal-wide tree inspection regime.

We do respond to all reports of trees that are unsafe, or might become unsafe.

However, we cannot inspect every tree on public land, and trees or branches can fall at any time – even from healthy trees.

Weather events such as storms or high winds can also cause trees and branches to fall suddenly.

To make a claim about damage caused by a tree, you will need to prove that Council had actual knowledge there was a problem with the tree and was negligent in dealing with it.

If your claim is about damage caused by the condition of a road, road reserve or carpark (e.g. a pothole), you will need to show that Council had actual knowledge about the problem and had neglected to fix it.

Factors including how long we could reasonably take to fix a problem are also taken into account.

Should you trip or slip on a driveway, Council will generally not accept any liability for injury.

Section 142 of the Roads Act 1993, states that the owner of the property is required to maintain the driveway in a satisfactory state of repair.

You are responsible for maintaining the drainage system and pipes, including stormwater and sewerage, between your property and the Sydney Water Mains (usually located under the middle of the road).

This even applies to parts of your system that run under public land.

If pipes become blocked due to tree roots or other objects, it will usually be up to the property owner to deal with this.

However, you may still be able to make a claim in some cases such as:

• Your drains are damaged by an action of Council (e.g. road or footpath works breaking pipes
• Damage is caused by a problem with Council-managed drains.

Tree roots entering pipes is a common problem.

This will usually only happen if the pipe is already damaged or breaking down and reaching the end of its useful life.

It is up to property owners to maintain their drainage systems, and in many cases Council won’t accept liability when the roots of Council-owned trees enter private drains or pipes.

If making a drain-related claim include:

• A copy of the sewer services plan, available at Sydney Water's website or Dial Before You Dig.
• Recent aerial images from Google Maps (or similar) clearly showing your property, structures and vegetation, and surrounding neighbours.
• A report from a licensed plumber or other suitably qualified service providers. This should include:
  • their business name and details.
  • address of the property they inspected.
  • description of the inspection.
  • inspection methods used.
  • details about the type and age of pipes, their condition, factors that contributed to any damage, and options to repair it.
  • a clear plan of the property's sewer, showing the location of all pipes, flow directions, the location of the damage, and entry points used for inspection.
  • camera footage of the sewer system that shows the damage or blockage.

Council's property insurance policy stipulates that Council is unable to include buildings or property that are not Council property on our insurance schedule.

If any property that is covered by your insurance is damaged, we recommend you report it to your insurer.

If they believe Council is at fault, they will take care of seeking compensation from us.

Be aware that you may have to pay an excess, or meet other rules set by your insurer.

Talk to your insurer if unsure.

If you don't have insurance, you can still lodge a claim with us.

Under the Dividing Fences Act, Council is not liable to contribute to fence costs.

Council cannot accept liability for acts of negligence caused by contractors doing specialised work, or users of our parks and reserves, whether they are participating in an organised event, sport or recreational pursuit.

You should contact the contractor or user directly with any concerns or intentions to claim.