VIC Retaining Wall Issue with Developers Next Door - What to Do?

[AntS]

Hi everyone,

A new development next door required the developers to cut 900mm into the existing land to flatten it. They have built a retaining wall, obviously. However, the retaining wall does not reach the level of the old land height. They have now built the required 1.8m fence but it's not 1.8m on my side because it's built on their retaining wall which is up to 15cm lower in parts than the land on my side.

Any thoughts appreciated.

Is what they've done legal?

Apart from reduced privacy, am I going to legally liable if something happens to the fence or retaining wall as a result of being on the high side?

Thanks

 

[Rod]

Being on the high side is not relevant.

Each party is 50/50 responsible for the fence unless the retaining wall causes issues then they are responsible. They are 100% responsible for the retaining wall.

Recommend you take plenty of photos of the changes they have made while the earth is still disturbed. Who knows what will happen in future (ie could get new owners next door in 10 years time saying the retaining wall is your responsibility). And keep any surveyer/blg plans showing the alteration as well.

 

[Rob Legat - SBPL]

Are you really worried about reduced privacy? The land beside you is obviously lower. The house will be a net 750mm lower than if it was built on the same level as yours (taking into account the shortened fence height).

 

[AntS]

Are you really worried about reduced privacy? The land beside you is obviously lower. The house will be a net 750mm lower than if it was built on the same level as yours (taking into account the shortened fence height).

Thanks for the reply Rob. Reduced privacy is not my concern as your common sense response outlines. My focus is potential repercussions if the constructed retaining wall fails down the track and whether building a retaining wall lower than the existing land was common. Perhaps more so, I'm trying to get people to put themselves in my inexperienced shoes and give advice whilst the development next door remains incomplete.