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Do I need a permit to cross the footpath with a new driveway?

The short answer

Yes. The section between your boundary and the road is public land, so a new or altered crossover needs council approval and must be built to the council's specification.

TradieAnswers editorial · written in-house and sourced to the authorities listed below

Checked against 4 published sources, listed in full at the end of this page. How we source this

Your driveway has two parts with different owners. From the house to the property boundary is yours. From the boundary across the verge to the road is public land, and that section, the crossover, is controlled by the council or the road authority.

What approval covers

  • Position and width, including distance from intersections, driveways next door and street trees.
  • Sight lines, so a vehicle leaving can see and be seen.
  • Levels and grade, so vehicles do not scrape and so water still runs along the gutter rather than into the property.
  • Construction specification, which councils publish, including thickness and reinforcement.
  • Protection or removal of street trees, which is often the sticking point and may be refused outright.
  • Relocation of services in the verge, which the asset owner has to agree to and charge for.

Practical points

  • Councils commonly require a bond or an inspection, and some require the work to be done by a contractor on an approved list.
  • Lodge a free Before You Dig Australia enquiry, since verges are dense with services.
  • The stormwater path along the gutter must not be interrupted, which is what stops a poorly built crossover flooding a neighbour.

Sources

Every source below was fetched and its response recorded on the date shown. Where a government site blocks automated clients, that is noted rather than reported as a successful check.

  1. Before You Dig Australia · Before You Dig AustraliaChecked 2026-08-10 · responded 200 OK
  2. NCC Volume Two · Australian Building Codes BoardChecked 2026-08-10 · responded 200 OK
  3. National Construction Code · Australian Building Codes BoardChecked 2026-08-10 · responded 200 OK
  4. Standards Australia · Standards AustraliaChecked 2026-08-10 · responded 200 OK

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