QLD Retaining Wall Issue

[Curious11]

Hello,Here is an interesting one for you. We have a up to 4.5 metre sandstone boulder uncertified retaining wall that has been declared unstable at its highest points from a qualified engineers report. Any major land movement including excessive rainfall could result in one section of the house being destroyed. This section is known as the back ensuite where people incl. Children go toilet and daily shower. Is the best course of action therefore as a duty of care be informing all the neighbours of the Engineering report findings as well as notifying the local council? Whilst we get in geotechnical experts to assess the wall it is wise and safe and legal that any occupants of this house find immediate alternative accomodation given the health and safety threat to occupants especially children? Additionally can we be sued, become liable, moving forward if we just advertise the property for sale as is where is? I understand that if we do the latter we will have to compensate on price, however it appears that even if we fix the whole wall the cost to fix will not provide us with any profits. Lastly, can we claim compensation from back neighbours who placed in a pool and a small development post us buying the property as this could have placed added pressure on our wall thus leading to the wall being unstable now?

 

[Rob Legat - SBPL]

The best course of action is to get it fixed immediately. A retaining wall over 1 metre in Queensland needs a building approval, and whoever built a 4.5 metre retaining wall without certification should be referred to the local council for investigation. From your description, that thing is a timebomb.

Put it this way. If you don’t fix it and it falls, someone could get killed and massive property damage caused. Think of the cost of that.

 

[Curious11]

The best course of action is to get it fixed immediately. A retaining wall over 1 metre in Queensland needs a building approval, and whoever built a 4.5 metre retaining wall without certification should be referred to the local council for investigation. From your description, that thing is a timebomb.

Put it this way. If you don’t fix it and it falls, someone could get killed and massive property damage caused. Think of the cost of that.

Thanks Rob. The company behind the structure no longer exists I believe. So no course of action.
However I'm very interested in your thoughts re Council Notification of the engineering report, moving all persons out of the property until it gets fixed etc as per my email.

 

[Rob Legat - SBPL]

Council will issue you with a requirement to get it fixed, and you'll wind up in the same position as if you'd just taken action yourself; albeit later.

As for moving people out, the simple answer is yes. That's the only way to be risk free. The practical answer is to talk to the engineer and whatever QBSA licensed business you engage to rectify the issue. If they can shore it up and are comfortable with the people staying, then it's a decision on how much risk you want to take. If it was my family, I wouldn't be there.