Browse Forums Building A New House 1 Jun 24, 2011 1:35 pm Hi All, Apologies if this has been asked before but I couldn't find a clear answer. I need retaining walls on both sides of my property and need to know who is responsible for the cost. Wall 1: I am on the low side, my neighbour is on the high side. We will both be levelling our blocks and building at the same time. Wall 2: I am on the high side, my neighbour is on the low side. My neighbour's house has been built completely and there is an existing retaining. Once I level my block this wall will need upgrading is some parts. So, who is responsible for the costs? (I'm in South Australia, if that matters). Thanks. 23 Aug 2011: Land settlement 14 Sep 2011: Block levelled 20 Oct 2011: Slab 3 Nov 2011: Frame 10 Feb 2012: Handover http://s1098.photobucket.com/albums/g372/Dazzab6/ Re: Retaining wall responsibility 2Jun 24, 2011 1:43 pm Hi Just been through this. I'm in SA. You will need to contact your neighbours. Submit both council approved plans to a contractor. They will tell you what is required and they will split the costs dependant on what you are liable for. Basically. What is stated on your plans is what you will be paying for. For example if there is a share retaining wall of 30m's length (both council plans state 30m length) and your wall needs to be 600mm and your neighbours is 400mm. You will be responsible for 60% of the costs. Retaining walls are not a 50/50 split. Hope that makes sense. Also a neighbour is only liable for plain grey sleepers. So on your neighbour who sits higher than your property. If you wish to have fancy sleepers. You will need to pay the entire upgrade from plain grey to fancy. If you need any more info or the number of a good contracter in the southern suburbs of Adelaide. Let me know Regards Brett Re: Retaining wall responsibility 3Jun 24, 2011 3:51 pm If you need to upgrade the existing retaining wall, I believe that will be your cost, not the neighbours, it won't be the split as discussed above. You'll probably have to pay for it all as you aren't building to the existing retaining wall. There's also no national or state compulsory agreement for retaining as there is with fencing. It's council driven only so you might not get the same deal where the council will tell you what to do, and you'll have to come in agreement with the neighbours. Our council is only an agreement between neighbours with recommended guidelines. Our neighbours refused to pay a cent (most likely because we were building in an established area). I was shocked when they said no as the higher neighbour had a 1/2 20 year old crumbling retaining wall and 1/2 colorbond help up with star pickets retaining holding their house up 1.2m high, so if that collapsed their house would be severely damaged. The other neighbour had the fence half falling down due to the difference in the levels naturally but they didn't care as it was 2 units and the fence was along the driveway so it didn't affect their privacy at all, but if it was to fall down in a storm, then insurance would force them to put retaining in. After calling the council and several government bodies the option was the try to fight it in court and most likely lose as there's no compulsory council guidelines, hold off the build until the retaining and fence collapses (but then the house next door could try to get money off us for damage to their house due to the faulty retaining) or just pay the full amount and build. Even if your council has recommended guidelines though you should have more luck as the neighbours on the left want to build too. Re: Retaining wall responsibility 4Jun 24, 2011 4:10 pm My reference is in response to new retaining walls (shared by both neighbours) Missed the point one was established. I guarantee they won't change the current retaining wall thats there (If it is in good condition). Any extra retaining is purely your costs and will be built on your property. Re: Retaining wall responsibility 5Jun 27, 2011 8:44 am Thanks for your help. 23 Aug 2011: Land settlement 14 Sep 2011: Block levelled 20 Oct 2011: Slab 3 Nov 2011: Frame 10 Feb 2012: Handover http://s1098.photobucket.com/albums/g372/Dazzab6/ Re: Retaining wall responsibility 6Jun 27, 2011 5:54 pm Generally the Common Law situation is that whoever is altering the natural contours of the land is responsible for the cost of the retaining wall. Therefore where you are on the high side and the levelling of your block results in additional retaining on top of what your neighbour has done then you are responsible for this. The same will apply on the other side. Slab Down: 2/6/11 Moved in 13/3/2012 Current Status : Waiting for the garden to grow. My build thread : viewtopic.php?f=31&t=47031 the conduit would need to be undamaged regardless of what network is in play. The conduit needs to be able to have fibre run through it. NBN and Opticomm are just… 4 2876 Thank you again Simeon.. I will call my certifier for that. Have a good day 4 5113 |