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WA Retaining Wall Altered Without Permission - What to Do?

Discussion in 'Property Law Forum' started by hello, 20 April 2015.

  1. hello

    hello Active Member

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    Recently a neighbour of my parents started construction work on a block adjacent to their house. My parents live in 'The Hills' in WA which if you are not familiar with this area it means that to build on these blocks it requires extensive earthworks and retaining walls. The neighbours have, without asking any permission or having given any previous notice, put wooden struts through my parents stone retaining wall. This wall is valued at approximately $250K if it had to be replaced. My mother has complained formally to the council & they're investigating but can anyone advise me of their legal rights? As the wall is a structural wall it is very important that it is not compromised in anyway & they have punched many holes, at least 12, into this extremely important part of their property.
     
  2. Rod

    Rod Well-Known Member

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    hello likes this.
  3. hello

    hello Active Member

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    Thanks Rod... I've found the relevant sections & hopefully it can be resolved for my parents.
     
  4. hello

    hello Active Member

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    Also does anyone know of a ruling relating to an issue in Dalkeith, WA where a neighbour had a some sort of object (not sure what it was) that penetrated underneath his neighbours property? Very interested if someone knows the ruling as the neighbour has used pine struts to penetrate through my parents wall & termites are a real problem in the area.
     
  5. Rod

    Rod Well-Known Member

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    May not be an issue. They may be forced to withdraw the timbers and reinstate the wall.
     
  6. hello

    hello Active Member

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    OK... hopefully the council will come to their aid... once again thank you
     
  7. ying

    ying Member

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    Read part 6 of the Building Act 2011 "Work affecting other land." The boundary retaining wall is jointly owned by adjoining owners and the neighbour needs your parents consent or court order before they commenced their work.Local council is the authority to enforce the law. I am not a lawyer and hope my understanding of the Building Act 2011 is correct.
     

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