QLD Retaining Wall with 2 neighbours needs to be replaced

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Nolan

Member
29 November 2019
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HI, I'm completely new to this so bare with me.

A few weeks ago my neighbours had a leaning fence replaced along our shared fenceline. The builder noted that there was an old retaining wall hidden behind the one we see in our yard and that we should get it looked at. We have, by 3 seperate suppliers and have established costs to replace now as it's not repairable. Sadly as it's on a dog leg, removal of that wall affects the adjacent wall, so they both need to be replaced- 45m in total.

My first question: Can I approach them on shared costs? I'm on the lower property, on the front I can see the neighbour on one side has a retaining wall at the front of the property levelling out the land where our properties join, on the rear it seems to slope in towards me. The retaining walls are 1m high.

2nd question: If I am deemed responsible for these are there any steps needed by me or my neighbours once I have found a supplier to carry out the work that I need to be alerted too, ie: Extra checks needed, engineering etc. I want to be covered for any issues that may arise from removal of the old wall and replacement of a new one?

8 weeks ago I didn't know any of this was needed, so it's come as a big surprise as well as a big learning curve.

Thanks for the advice.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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The general rule to retaining walls is that whoever changed the ground level (or who benefits from it, if the property has changed hands) bears the cost in proportion. If the retaining is caused by a ‘cut’, that person bears the cost. If it’s a ‘cut and fill’, both parties do according to the relative proportions.

Next is to be sure as to the height of the retaining wall needed. Retaining walls up to 1 metre high generally don’t require building approval in Queensland, depending on load ratings (check with a builder). Retaining walls 1 metre in height or more require a building approval from your local Council.

Then, if it’s on the boundary you’re going to need to negotiate with the neighbour about access. It’s difficult to impossible to build a retaining wall without accessing both sides of it - and that means entering into the neighbouring property.