National Party Wall Surveyors
National Party Wall Surveyors
Retaining walls might look simple, but they can create confusion and legal problems. This often happens when they are on shared borders or when the land is at different heights. If you feel unsure about who is in charge of a retaining wall or if you have a disagreement with your neighbor, this guide will help. It will explain your rights and responsibilities, step by step.
Are you in a disagreement with your neighbor about a wall that separates your yards or holds back soil? If so, you might be dealing with a retaining wall dispute—a situation that’s more common than many people realize. These types of conflicts are frequently reported to local councils, strata managers, and community mediation services.
Often, the issues begin when a wall is built, altered, or even removed without any prior discussion. In some cases, the wall may start to crack, lean, or deteriorate, and neither party wants to take responsibility for the damage. Disputes can also arise over who should bear the cost of construction or repairs.
Sometimes, water runoff from the wall causes damage to one of the properties, adding further tension. And in other situations, there’s simply confusion or disagreement about where the wall sits in relation to the actual property boundary, which only complicates matters further.
This is often the big question: who will pay for the repairs, and who owns the wall? The answer relies on several important factors. One key point is who changed the land’s natural level. If a property owner changed the land by cutting into a slope, adding dirt, or leveling it, they are usually responsible for building and taking care of any retaining wall needed for that change. Another important point is who benefits from the land that is held back. The owner of the higher land typically has to take care of the wall since they are the ones getting support from it.
The location of the wall is important. If the wall is on one person’s property, that owner is in charge of it. If it is on the property line, both owners might share the responsibility, based on the situation.
Often, these cases involve boundary wall disputes, where knowing who owns and maintains the wall can be confusing. Any agreement made between neighbors—whether face to face or in text messages—can affect who is responsible. These casual arrangements can help make things clear, as long as they follow local rules or laws.
In many cases, yes—you’ll likely need permission from your local council or a building permit before constructing a retaining wall. This is especially true if the wall will be over one meter tall, built near a property boundary, supporting other structures like garages, sheds, or driveways, or involves significant excavation and soil work.
Councils may ask for engineering drawings, water runoff management plans, surveyor reports, and proof of building permits or compliance documentation. It’s essential to check your council’s specific regulations before starting any work on a retaining wall.
Typically, neighbors aren’t required to share the cost of a retaining wall. Cost-sharing only comes into play in specific situations—such as when both properties directly benefit from the wall, there is a written agreement in place, or a court, governing body, or local council has issued a clear order. In rare instances, a retaining wall may serve as a boundary fence with dual functions, which could also impact who pays for it.
However, legal decisions often focus on who actually needs the wall, not just who wants it. For example, if your neighbor altered their land by digging and now requires the wall to support their soil, the responsibility—and cost—will likely fall on them.
A weak retaining wall can be very dangerous. It might cause soil erosion, damage to property, or even fall down completely. If you see any problems, it’s important to act fast. Start by taking clear photos and writing down all the details of the damage.These conversations can become especially complex when the wall is near shared spaces or involves private right of way disputes, where access and usage rights come into question.
Next, have a structural engineer check the wall to see how bad it is and what repairs are needed. If the wall is close to another property, it’s smart to talk to your neighbor about any worries and who is responsible for what. These talks can get tricky if the wall is near shared areas or involves rights of access, like who can use the space. Looking at your property titles, land surveys, or past agreements can help you understand who owns what and who needs to take care of the wall.
You should also reach out to your local council, especially if you think the wall was built the wrong way. If the wall was not built well or put up without the right approvals, the builder or the property owner may have to take responsibility, even if the problems appear many years later.
In recent years, there have been important changes in how retaining walls are managed.
Step 1: Stricter Standards Introduced in the National Construction Code
The National Construction Code (NCC) has introduced stricter regulations concerning the construction and maintenance of retaining walls, especially those that are tall, structurally complex, or present a safety risk.
Step 2: Transfer of Responsibility in New Housing Estates
In newer housing estates, developers often install retaining walls as part of land preparation before selling individual lots.
Step 3: Mandatory Mediation Before Legal Action in Some States
In states like New South Wales and Victoria, new rules often require that disputes over retaining walls go through mediation before proceeding to a court or tribunal.
Step 4: Recent Court Rulings Setting Legal Precedents
Recent legal decisions have increasingly favored neighbors who experienced damage due to poorly built or neglected retaining walls—particularly when those walls were constructed without permits or proper engineering advice.
Retaining wall problems can be tricky, costly, and take a lot of time. The good news is many of these issues can be avoided. By taking action early, you can keep your property safe, keep peace with your neighbors, and stay away from legal troubles. Whether you are building a new retaining wall or taking care of one you have, small steps now can stop big problems in the future. Here’s how to stop common retaining wall problems before they even start:
A retaining wall is a type of wall built to hold back soil and support the weight of the land or things behind it. These walls help control changes in land height and stop soil from washing away or falling down. Retaining walls can differ a lot in size and design. They can be small garden walls that are about 100mm high and made of just one layer of bricks. They can also be large structures along roads or those that support whole buildings.
Usually, the person whose land the retaining wall supports is responsible for keeping it in good shape. This includes repair. But, each case can be unique. Property lines or agreements may affect who is legally in charge.
If you are not sure about who owns or is responsible for your retaining wall, you can reach out to us for help and explanation.
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