What happens when a Crown or public road is damaged following a disaster?

Finding out who owns the road

If a road is damaged by a disaster, it is important to know whether the road is privately owned, or is a Crown road or public road, managed by the government. This is because the responsibility for repairing the road depends on who owns it. 

There are three categories of road in NSW;

• public roads;

• Crown roads; and

• private roads.

Whether or not a road is a Crown or a public road is determined by law and on a case-by-case basis. Most of the time, Crown roads are managed by the NSW State Government and public roads are managed by a local government authority, such as your local council.

Can I ask my local council to repair a damaged road?

Most of the time local councils only administer repairs to public roads, as Crown roads are looked after by the NSW State Government. 

However, in response to recent disasters in NSW, the NSW State Government has simplified the process. Now, you can ask your local council to carry out repairs on both Crown and public roads, provided that the damage was caused by a disaster.

You should contact your Local Council in the first instance if a Crown or public road that you use to access your property has been damaged. Be aware that using this simplified process does not mean that the Local Council is required to repair the road. 

How to ask your local council to repair the road 

Your local council may not know that the Crown or public road that you use to access your property has been damaged by a disaster. You should contact your local council to let them know that you no longer have safe access to your home or property, and to ask them to help.

You will need to provide details to your local council so that they can identify and investigate the damage, including:

• the name of the road and it’s location
• the extent of the damage, including supporting evidence such as photos
• the details and date of the disaster
• an explanation of how the damage impacts you and your access. 

You can find the contact information for your local council on their website.

My local council has not repaired the road, is there anything that I can do?

After a disaster, it can take some time for local councils to investigate and repair damaged roads. After requesting the repairs, you should check in regularly with your local council to find out how they are progressing.  

If your local council does not repair the damaged road within a reasonable timeframe, you can lodge a complaint directly to your local council. 

While local councils are not required to repair Crown or public roads, there still may be legal options available to you. Exploring your legal options regarding a Crown or public road and making a claim can be complicated and costly. It is recommended that you seek legal advice. See here for information on how to access legal help. 

Where to get help

LawAccess NSW

Law Access is a free government service that provides legal information and referrals, for people with a legal problem in NSW. See their website for more information on how they can help.

Justice Connect

Justice Connect assists eligible individuals, small businesses, farms and other primary producers, and community organisations who have been impacted by natural disasters. 

You can apply online for legal help: Apply for help – Justice Connect. This is the quickest and most efficient way to check if you’re eligible and start the process of being matched with a lawyer. Once we receive your application, a member of our team will be in touch to guide you through the next steps.