We purchased a house in 2015 which had a retaining wall which needed repair. (We are on the low side) The wall is 1.4 m high and 700 mm from our house and 2 m from our southern side property boundary. The wall was built in circa 1947. Our intention was to replace the wall, we had an engineer report to us who said this was possible. It was not visible to us at the time because it was hidden by a fence (fence on top of our wall but 2 meters from our wall) that the neighbour had built a stepped block wall 'embankment stabilisation' that retains fill from his construction in circa 2001. The stepped block wall is around 1.8 meters high and has no specific council approval, is not engineered, has no footings, and is less than 5cm from the boundary and it is not stable and appears to be sliding since the fence was removed. Council regulations and the building act says such a wall requires engineering and council approval. None exists but the council will not take any action against the neighbour to facilitate rectification of the neighbours wall.
We have had no luck in finding a contractor to replace our wall as the fear is that the neighbours 'embankment stabilisation' will slide and create an unsafe work environment. For us to stabilise the neighbours embankment will cost us circa $35,000 on top of the cost of replacing our wall if it is possible at all. We are now being informed that load lines from the footing of the neighbours house are also behind our wall and any excavation to repair our wall may damage our neighbours house. However if we do not repair our wall it is likley to collapse in the next 2 years (according to engineer). We do not know what to do as we appear to be in a catch 22 position. Does anyone know what we should be doing or who is a knowledgable legal firm that can deal with retaining wall issues. We are in the south west of Western Australia
We have had no luck in finding a contractor to replace our wall as the fear is that the neighbours 'embankment stabilisation' will slide and create an unsafe work environment. For us to stabilise the neighbours embankment will cost us circa $35,000 on top of the cost of replacing our wall if it is possible at all. We are now being informed that load lines from the footing of the neighbours house are also behind our wall and any excavation to repair our wall may damage our neighbours house. However if we do not repair our wall it is likley to collapse in the next 2 years (according to engineer). We do not know what to do as we appear to be in a catch 22 position. Does anyone know what we should be doing or who is a knowledgable legal firm that can deal with retaining wall issues. We are in the south west of Western Australia
