VIC Who Should Have Retaining Wall Built?

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Cuz

Member
4 July 2017
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If a retaining wall needs to be built on a boundary because party A removed soil to level and lower their property but it affected the fall of the land of party B, which is higher, who should pay for a wall to be built? Also which property law act would cover a dispute around this?

Thanks
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Whoever changes the level is liable for the retaining wall. Covered under common law. Not sure there is specific legislation off the top of my head.

The neighbour may also require a building permit before work starts. Should check with the local council to see if a permit is needed.
 
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