QLD Right to Block Retaining Wall?

Mitchell Simpson · 24 February 2020

The back border of my property has a large block retaining wall with height ranging from 1.5 metres to over 3 metres in height. The wall is vertical.

1) Does there need to be a safety fence on top of the wall?

2) Do we have a right to some sort of privacy fence on top of the wall as their ground-level looks directly into our windows?

Rob Legat - SBPL · 24 February 2020

(a) : Possibly not. Retaining walls over 1m in Queensland require a building approval, which in turn would attract local council requirements and conditions on construction. I put in a large retaining wall at my property somewhat similar in scope to the one you are describing. In my Council Decision Notice there was no requirement to fence the wall (but I did anyway).

(b): Yes, this would come under the Neighbourhood Disputes (Dividing Fences and Trees) Act. I suggest reading here: Your responsibility as a fence owner

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QLD Right to Block Retaining Wall?

Mitchell Simpson

Member

Rob Legat - SBPL

Lawyer

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