Retaining wall despute

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Kevin Marques

Member
14 October 2019
1
0
1
Hi,

We recently built a house in an estate. Most of the retaining walls in the estate were put up by the developer but between our block and rear neighbour there is a gentle slope over approx 1m and about 800mm high with our neighbours land on the higher side. The slope runs over the boundary of the 2 blocks. There is not really any need for retaining but our neighbour wants it done and says it's our responsibility. We think otherwise. Does anyone have any experiences with this? Bare in mind none of us changed the natural land, both of the blocks are filled and were like this when we bought. Thank you
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Hi a Kevin,
I would try to put the onus on the developer as to why they did put in a retaining wall. Maybe they didn’t believe (and maybe that’s true) it was necessary. If they say it’s not necessary and put it in writing then present that. If not, maybe get an independent assessment report by a building consultant as to their opinion on if it is necessary. If they do that report and it says it isn’t necessary present that. Good luck. Hope I have helped you somewhat.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
Retaining walls are needed where the land has lost its natural contours, either due to an increase in levels (a 'fill'), a decrease (a 'cut'), or both. They're designed to stop erosion and land slippage; i.e. to 'retain' the earth.

Unless something else has happened which would cause the area to become susceptible to erosion or slippage, and it couldn't be mitigated by some other method such as redirection of drainage, the question of whether a retaining wall is needed at all is debatable. Even then, it further becomes a question of whose 'fault' it is that one is required at all. The person who bears the fault bears the cost in most instances.

Luckily in the situation, retaining walls which are no higher than 1 metre may not need building approval (if one is needed at all).