VIC Retaining Wall Dispute

[Frustrated8888]

Hi,

We are having disputes with our neighbour over the retaining wall.

My semi detached house is on the higher side, with my adjoining neighbour on the lower side. His property and back yard has been built under the natural lay of the land, protected by a retaining wall. He has recently started a renovation (has broken various laws and has already been shut down and fined by the council once). As part of the renovation, he pulled down the joining fence and retaining wall without giving any Notice of Fencing and has not replaced it in 6 months since tearing but down.

The neighbour has started building the new back to his house, and has built the wall extension, leaving 20-30cm between our property (where the fence and retaining wall used to be) and his new wall.

There is now no room for someone to infill the gap with an appropriate reinstated retaining wall and fence. I am concerned that without the retaining wall, the land in my backyard will start to shift. We were about to replace our backyard but have since put this on hold until our neighbour is finished and we have confidence in the stability of the land.

What are our actions of recourse and is there s way we can cease the building works until they replace the retaining wall as they are legally responsible for?


Thank you!
Extremely Frustrated!!

 

[Rod]

What are our actions of recourse

You have at least three options:

1. Council. He should be following proper engineering plans that includes support of your land.
2. Mediation. See if you can get him to mediation and agree on how to resolve the issue
3. Court. Local magistrates' court is likely to be able to hear a dispute like this.

I'm not sure VCAT is able to hear this kind of matter but might be worth a call. Note that this is not a fencing dispute.

is there a way we can cease the building works

1. Council
2. Court injunction

Up to you to work out what is best in your situation.

 

[Frustrated8888]

Thanks for the reply. We’ve already spoken to the council, but they aren’t able to help because it has to do with the retaining wall as well, which is not their responsibility as it is governed by different laws to fencing.

With respect to the fence, whilst this is annoying, it doesn’t have the potential to damage our property so it isn’t as important at the moment. The council has advised that our only action is to replace the fence then seek recovery through the courts.

 

[Rod]

This is why you can't call it a fencing dispute.

The dispute is over support of your land. If the council denies responsibility it may come back to the building surveyor. The council should be able to tell you who is the building surveyor. Call them and suggest you need to make a claim on their insurance. See how that goes.

If they need access to your land to carry out remedial works then maybe you can negotiate access for a fee Win win scenario. You get paid for the inconvenience, they avoid having to undo works from their side.

 

[Tripe]

Your neighbor can't do anything that effects the stability of your land.

Retaining walls don't appear to be covered by the dividing fence act, but depending on your area the development act.


Has the neighbors addition been approved by the council?

Your council will have minimum side setbacks, so you should ring the local council to find out what they are, if they breached these side setbacks then you can shutdown the addition.

 

[Luiza]

Hi,

We are having disputes with our neighbour over the retaining wall.

My semi detached house is on the higher side, with my adjoining neighbour on the lower side. His property and back yard has been built under the natural lay of the land, protected by a retaining wall. He has recently started a renovation (has broken various laws and has already been shut down and fined by the council once). As part of the renovation, he pulled down the joining fence and retaining wall without giving any Notice of Fencing and has not replaced it in 6 months since tearing but down.

The neighbour has started building the new back to his house, and has built the wall extension, leaving 20-30cm between our property (where the fence and retaining wall used to be) and his new wall.

There is now no room for someone to infill the gap with an appropriate reinstated retaining wall and fence. I am concerned that without the retaining wall, the land in my backyard will start to shift. We were about to replace our backyard but have since put this on hold until our neighbour is finished and we have confidence in the stability of the land.

What are our actions of recourse and is there s way we can cease the building works until they replace the retaining wall as they are legally responsible for?


Thank you!
Extremely Frustrated!!

Hi
First of all, I would recommend that you contact your local council again but this time their building department because works on retaining walls constructed on or near site boundaries where there is a risk of damage of adjoining property require a building permit. If your neighbour has not obtained the required permit, the council may be able to effectively intervene.
Secondly, withdrawal of support from land is an actionable nuisance so it may be prudent to engage a solicitor to draft a letter to your neighbour requesting rectification of the retaining wall and threatening that if not complied with, you will commence court proceedings against him.
Regards