VIC Retaining wall costs

[Alison H]

Hello,
I have built a new home. The block was benched and the developer built a 1 metre high by 22 metre length concrete retaining wall on the boundary. This leaves 5 metres still to complete.

I am on the low side and discussed sharing the cost with my neighbour who stated his landscaper advised who ever is on the low side bears the cost. I am unable to find clear direction in Victoria searches relating to this. There are no encroachment issues and we will both benefit from stabilising the soil. My neighbour wishes to concrete an extra driveway and requires the wall to do this. I just want to put a hedge in and aesthetically would prefer the wall.
Anyone point me to the appropriate law governing this..

Thank you

 

[Matthew Karakoulakis]

Hi Alison H,

Generally, when a dividing fence is built between two properties the neighbours are to split the cost equally under the Fences Act 1968.

However, this only extends to a ‘sufficient dividing fence’ which can be interpreted differently depending on the surrounding facts and context. Generally, if one of the owners requires a fence of a greater standard than the ‘sufficient dividing fence’ they are liable for its cost, unless the parties reach an agreement.

As this standard can vary greatly depending on the surrounding context, I’d advise getting specific legal advice for your exact situation.

Please feel free to contact me via the link below or at [email protected] to arrange a free appointment to discuss your practical and legal options.

Important disclaimer: The material contained in this publication is of a general nature only and it is not, nor is intended to be, legal advice. This publication is based on the law as it was prior to the date of your reading of it. If you wish to take any action based on the content of this publication, we recommend that you seek professional legal advice.

 

[Alison H]

Hello Matthew,

Thank you for your reply. I do not believe retaining walls fall under the fences Act as in this instance there will be no fence put on it. I thought it may come under a building act and looking for the correct one.
Thank you
Alison

 

[Rod]

Being on the low or high side is not relevant.

Whoever alters the contour pays the cost.

 

[Alison H]

Being on the low or high side is not relevant.

Whoever alters the contour pays the cost.

Thanks Rod,
In this instance niether of us did, the developer put in the current retaining wall and cut and filled the blocks to the level they are at. So when finished we are left with me lower and the nieghbours soil up to 1 metre. We both benefit is how I see it.