We are a unit on the low side of the street and have a retaining wall located a metre in from our rear boundary which is 1.2 metres high.
The retaining wall runs thru four units on our side of the street and has a common foundation, common piers on the boundary and common drainage.
The angle of repose is such that we cannot do any work on the wall without supporting the unit on the high side as it is located within 6 metres of the retaining wall.
We have contacted Council regarding plans for the 30 year old structure and they have checked and confirm that no permit exists for the construction of the retaining wall which was constructed by the original developer.
The wall has rotated about 70mm over its height of 1.2metres and needs to be repaired/replaced.
The Body Corporate is not being helpful and says its our responsibility despite betterment being obtained by the unit on the high side.
We would like to replace the wall with a rock feature retaining wall but we are told by the Body Corporate that it is structural and we cannot do that.
Who is responsible for the cost of replacement/ repair ?
The retaining wall runs thru four units on our side of the street and has a common foundation, common piers on the boundary and common drainage.
The angle of repose is such that we cannot do any work on the wall without supporting the unit on the high side as it is located within 6 metres of the retaining wall.
We have contacted Council regarding plans for the 30 year old structure and they have checked and confirm that no permit exists for the construction of the retaining wall which was constructed by the original developer.
The wall has rotated about 70mm over its height of 1.2metres and needs to be repaired/replaced.
The Body Corporate is not being helpful and says its our responsibility despite betterment being obtained by the unit on the high side.
We would like to replace the wall with a rock feature retaining wall but we are told by the Body Corporate that it is structural and we cannot do that.
Who is responsible for the cost of replacement/ repair ?
