VIC Fencing with Retaining Wall required for a new build

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Wires

Member
30 April 2020
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Hi
There are 5 new buildings either built or building on the street we are building. Ours is a fourth house. The first house, ours and the fifth one are all built by three different builders and are on the same height above the surface. The second and the third house (built by the same builder) are raised.
Problem: Fencing between the third house and the fourth (ours).
The fencing requires retaining wall which my neighbours are not willing to pay for. He is saying that our builders scraped too low so we need to pay for the extras required for the retaining wall.
Our builders are saying they followed all building guidelines and that the neighbours raised their building.
Who is responsible to pay for the retaining wall? Do we share the cost? Do I pay it in full? Does he pay in full? Which of the two builders are true? What is developers role in all this?
Please advise.
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
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Go to Council/Titles and get the original map of ground levels pre-development. The person(s) who changed the natural ground levels are generally required to retain - and if more than one, then in proportion to the changes made.
 
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