QLD Is Neighbour Responsible for Building the Retaining Wall?

[Kumori]

Hi, I was hoping to clarify retaining wall rights.

I have bought a block of land in a new estate at Mango Hill, North of Brisbane and I was told by the land developer that I didn't require retaining walls between myself and my adjoining neighbours. There was a gentle slope between me and my neighbour on the low side of my lot. This neighbour has since cut the land.

They want to put a retaining wall on the boundary and build a fence on it. They told me that most neighbours go halves in the retaining wall as well as the fence and that the retaining wall is part of the fence. I have read that retaining walls are separate to fences and that one person is more responsible for it. My neighbour says that only applies to the maintenance and not the construction of a retaining wall.

Before I agree to anything, I wanted to check if that is correct? Or is the person who changed the landscape responsible for building the retaining wall?

 

[Rod]

The person who alters the slope of the land is responsible for the retaining wall. You go halves with any fence built on top of the retaining wall.

 

[kayden.smith]

How would you ascertain this if the high side filled and the low side cut, or vice versa? Technically you have both altered the slope of the land, no?

 

[Rod]

Technically you have both altered the slope of the land, no?

Not necessarily. Council plans and permits are the place to start.

 

[Reftan777]

Just from my own unqualified practical experience:

1) In Qld [like other States}, the "Dividing Fences and Overhanging Trees Act" is a State Act, so look it up. It is fairly understandable [not much jargon];

2) Go to the Brisbane City Council Website, and search for "Fences", "Boundary Fences", "Dividing Fences", etc. Again, fairly understandable, aside from the [usually deliberate] omissions - they don't want public information to be too prescriptive. Learn the subject;

Don't expect that the BCC will enforce State Laws - like all bureaucracies, they are evasive, don't want responsibility, will generalise, then refer you to the relevant Qld Government Department. There is a Qld State 1-800 Help Line to call.

Both Web sites have gotten much better over the last few years, so good information is much easier to find;

3) Google "Qld retaining wall" and "Brisbane City Council retaining wall", etc. There are differences between Qld Local Councils Building Codes, so don't take [say] Ipswich or Pine Rivers as identical to the BCC.

BTW, the BCC usually doesn't allow retaining walls on the boundary, or within 1.5 metres of an existing "structure" [which have differing definitions - a house is not a garage or pergola, etc];

4) The subject of cost responsibility, cost sharing, and maintenance responsibility for retaining walls is one of the more complicated and contentious property development subjects, and is dependant on many variables - who initiated, who benefited, who cut, who filled, drainage consequences, etc. Learn the subject [or at least the "headline" variables] to the degree that you can;

5) The "Natural Ground Level" contour maps can also be obtained from the BCC, but the Developer probably has far more current Surveys and civil engineering plans. This includes finding the Survey and Boundary markings, because any retaining wall will require drainage behind it [one of the reasons why it needs to be off the boundary - they can't just go and dig up your property for this, unless you agree;

6) A few hundred dollars spent on a specialist Planning and Environment Lawyer won't go astray!

7) Given Brisbane's hilliness, torrential rain, and soil types, any retaining wall must have: very good foundations; excellent drainage; and accurate placement. Even a short wall requires good drainage, because wet soil creates huge lateral hydrostatic pressure. Gravity, water, subsidence, erosion, plant roots, animals, insects, and Nature generally will, over time, do things you will not believe.

a) Don't allow associated over tall fences to create excess leverage on the wall and surrounds. Remember, solid fences have enormous leverage when there is a strong wind, and poor construction may take years to manifest.

b) Contractors will almost always lie and cheat you blind to save time and money - check everything; document everything. A mobile phone camera is your friend, as is the QBCC and other Regulatory Agencies "Search" facilities;

c) Make sure all the Contractors are legit, even [or especially] if the neighbour engages them; they have Public Liability and Professional Indemnity Insurance, to the degree of obtaining their Policy Schedule and reading the Builder's Insurance Contract. There are many Contractors who have useless, sky high "Excesses" and evasive inbuilt Contractual clauses. If you have a General Insurance Broker, use them for their knowledge.

Good luck, and have fun!