QLD New Estate Retaining Wall Responsibility

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kate_004

Member
2 September 2020
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We are looking to purchase a block of land and build a house on it. The seller of the land has said that they will not build a retaining wall that is required due to the way the land is being cut and filled for our new lot (this construction is currently underway).

Relatives of mine in the building industry have commented and said that typically it is the responsibility of the seller to build and pay for the retaining wall, as they are the ones who have made the wall compulsory due to the levelled blocks.

The real estate agent has suggested that we will share the cost of the retaining wall with our neighbours. But this means we will need to share the cost of our retaining wall in our block, and that of our neighbour's block below us. They are also not fences, so are not covered under some of the more 'well-known' sharing cost rules etc.

We are wondering if the seller of the land (who are doing all the cutting and filling of the estate), is responsible for paying for the retaining wall that they are making necessary with the way the land is being cut/filled? Or if this is something that we will need to discuss with our neighbours when the time comes?

Any advice is greatly appreciated!
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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I assume you're cutting the high side and filling the low side to even out the block - which is pretty standard practice.

- What's the height differential between the two blocks going to be?
- What are the terms of the Council approvals? For instance, is there an operational works approval for change to ground level involved?
 

kate_004

Member
2 September 2020
2
0
1
I assume you're cutting the high side and filling the low side to even out the block - which is pretty standard practice.

- What's the height differential between the two blocks going to be?
- What are the terms of the Council approvals? For instance, is there an operational works approval for change to ground level involved?

Hi Rob,

Yes, the developer of our new estate will be essentially stepping the blocks down the hill where the estate is. The height of our retaining wall will be about 600mm high, so this is below council approval height. Our neighbours on the lower side of us will have a similar retaining wall height holding our block up.

I contacted the Council about it to see what the limitations were on the block and the wall, and they said they didn't have anything on file regarding retaining walls etc. and there was nothing they could advise.

The documents that we were provided don't include any outlines regarding the specifications for the retaining walls.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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2,894
Gold Coast, Queensland
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Every Council has different requirements for what needs an operational works approval and what doesn't. For example: Brisbane City Council generally doesn't require it unless there's a change of 1 vertical metre or more in the ground level, unless the property is in particular neighbourhood or subject to flooding, or some other peculiarity.

It sounds like yours does not in this instance.

It can also make a difference if the change to ground level is attached to a building approval or not.

Given that the change to ground level is 600mm and (as you've correctly pointed out) this does not require a building approval, it is unlikely Council imposed a requirement on the developer to retain the cut and fill.

If there's no requirement under the building and planning legislation on the seller to retain the blocks, and they're unwilling to do so, then you can't compel them to do so. You can attempt to negotiate it with them, or with your neighbours.