Hi everyone,
I'm hoping someone here can share advice, similar experiences, or any legal guidance.
I signed a house and land package, but under two separate contracts – one with the developer for the land, and one with the builder for the house. The entire process was handled through the builder’s sales team, and there was no direct discussion or coordination with the developer.
Unfortunately, we lacked the knowledge to properly interpret the surveyor’s draft, and only recently realised the retaining wall was constructed approximately 300mm inside the boundary, not on the boundary line itself.
We had a solicitor review the contracts before signing, but there was no disclosure or mention of this in the paperwork. Based on the house plan, we expected a 1.5m side setback, but after our first on-site inspection, we discovered that if the fence is built as planned (on the boundary), the available space on one side will be reduced to only about 100mm, which significantly impacts access.
I checked with Brisbane City Council and confirmed there is no regulation or restriction in the developer's application requiring the retaining wall to be set inside the boundary. However, the developer claimed (falsely) that council required the wall to be built 300mm inside.
QBCC advised that this is a contractual issue and outside their decision-making scope.
To avoid delay and future cost, I offered to relocate the retaining wall at my own expense (before the fence is installed), and pursue any cost disputes with QCAT afterward. However, the builder refused this offer and insists on proceeding with the fence construction as per the original plan – which will result in my fence sitting only 1.2m high from the ground level, due to the current footing height.
If anyone has had a similar experience with QCAT, or knows of any cases (won or lost) relating to retaining wall placement or developer/builder responsibility, I would really appreciate your advice or input.
Thanks in advance!
I'm hoping someone here can share advice, similar experiences, or any legal guidance.
I signed a house and land package, but under two separate contracts – one with the developer for the land, and one with the builder for the house. The entire process was handled through the builder’s sales team, and there was no direct discussion or coordination with the developer.
Unfortunately, we lacked the knowledge to properly interpret the surveyor’s draft, and only recently realised the retaining wall was constructed approximately 300mm inside the boundary, not on the boundary line itself.
We had a solicitor review the contracts before signing, but there was no disclosure or mention of this in the paperwork. Based on the house plan, we expected a 1.5m side setback, but after our first on-site inspection, we discovered that if the fence is built as planned (on the boundary), the available space on one side will be reduced to only about 100mm, which significantly impacts access.
I checked with Brisbane City Council and confirmed there is no regulation or restriction in the developer's application requiring the retaining wall to be set inside the boundary. However, the developer claimed (falsely) that council required the wall to be built 300mm inside.
QBCC advised that this is a contractual issue and outside their decision-making scope.
To avoid delay and future cost, I offered to relocate the retaining wall at my own expense (before the fence is installed), and pursue any cost disputes with QCAT afterward. However, the builder refused this offer and insists on proceeding with the fence construction as per the original plan – which will result in my fence sitting only 1.2m high from the ground level, due to the current footing height.
If anyone has had a similar experience with QCAT, or knows of any cases (won or lost) relating to retaining wall placement or developer/builder responsibility, I would really appreciate your advice or input.
Thanks in advance!