Browse Forums Building A New House 1 Oct 20, 2015 11:57 am Hello all, Our house is in the final stages of completion and the neighour has just begun his construction. I would like to get the fencing done asap but have some concerns with it and hope you will be able to advice. State: Victoria Location: Cranbourne East, VIC References: Image 1: https://www.dropbox.com/s/uegx0k70wwgq5mw/photo%2016-10-2015%2C%204%2003%2059%20pm.jpg?dl=0 Image 2: https://www.dropbox.com/s/pdreli8cu16px3p/photo%2019-10-2015%2C%206%2039%2027%20pm.jpg?dl=0 Image 3: https://www.dropbox.com/s/rke1udne06zep02/photo%2019-10-2015%2C%206%2040%2002%20pm.jpg?dl=0 Background: I am on the elevated side and the neighboring builder has done a cut to make his land a little lower (the estate is on a gentle slope). As you can see in the attached images, the constructed side is my property and the one where slab is poured will be my neighbour property. Questions: 1) Who is responsible for doing the retaining walls? me (or) my neighbor (or) shared? 2) The cut done by the neighbor is approx. 300 mm within his boundary. When I had the fencer check and give me a quote (for shared retaining wall + fence), he suggested that the retaining wall will have to be laid within the neighbour's boundary (due to the cut) and can't be done on the EXACT BOUNDARY between our properties. Is this correct? Appreciate your feedback and suggestions in this regard Re: Retaining walls - help needed 2Oct 20, 2015 12:28 pm Hi pandaaram, Have you spoken with your neighbour? We're in a similar situation with our neighbour, only we're the ones currently building and our neighbours are wanting to put their fence up. We also need a retaining wall, however ours is included with our build, so our builder will be constructing our retaining wall for us. Our new neighbours approached us about building the fence and have been wonderfully patient with us whilst they wait for our builder to build the retaining wall. For whatever reasons they seem to be taking their time getting it done. Our neighbours have been wonderful about it. So, if you can, check with your neighbours as they may be having a retaining wall built as part of their build. Good luck. Re: Retaining walls - help needed 3Oct 20, 2015 12:38 pm This is a hard one. I have to say, wow they are close - the houses to the fence line - different rules different councils I guess. With my ILs, they had both retaining walls on both sides fully paid for by the neighbours - because the reatining walls were not needed for his build. Basically the first one needed to flatten their land to build - but my IL didn't and had their pad done using dirt slope as they had enough space both sides on their land to do so. So the neighbour had to pay for the retaining wall as it was needed for their build. Then the other neighbour below them built - kinda like you. By having to make a large cut they were then taking away the stability of ILs pad for their house and his house was there and approved first. So council then required them to build a retaining wall for their building pad to keep ILs building pad stable. So again they didn't have to pay. Going off that - its like yours, it was fine but I'm not sure how stable your pad is now with the cut so close - normally you need 2m from your house to be stable and that looks less than 2m. Now for our protpery - like yours is gentle slope. Again my lower neighbour has had to make a small retaining wall for her cut and its also 300mm in. We are actually going to put another small retaining wall on the boundary to make it level with the rest of the yard - we are paying for that as its not needed but just looks nice for us having our yard flat all the way to the fence. Then the fence is going on top of this. I guess another suggestion since your land is flat - just build the fence on the boundary - then its up to your neighbour to put a retaining wall if they want it pretty looking and their cost as its on their land - kinda like what we are doing on our block. However I would want to make sure that cut won't cause any stable issues with your house first - incase they never put a retaining wall in. ~Shellby~ GJ Bridgewater 203 11/3/2016 - Site Work Started 29/9/2016 - Handover 142 Work Days 6 Work Days Over https://forum.homeone.com.au/viewtopic.php?f=31&t=80174 Re: Retaining walls - help needed 4Oct 20, 2015 12:39 pm JP79 Hi pandaaram, Have you spoken with your neighbour? We're in a similar situation with our neighbour, only we're the ones currently building and our neighbours are wanting to put their fence up. We also need a retaining wall, however ours is included with our build, so our builder will be constructing our retaining wall for us. Our new neighbours approached us about building the fence and have been wonderfully patient with us whilst they wait for our builder to build the retaining wall. For whatever reasons they seem to be taking their time getting it done. Our neighbours have been wonderful about it. So, if you can, check with your neighbours as they may be having a retaining wall built as part of their build. Good luck. Hi - Thanks for your response. Yeah I have already contacted my neighbor and had it confirmed that their builder isn't going to do the retaining wall. The fencer advised me that the retaining wall is more important to my neighbour than to me as the fall is towards his side. This leave me with even more confusion Re: Retaining walls - help needed 5Oct 20, 2015 12:46 pm shellby This is a hard one. I have to say, wow they are close - the houses to the fence line - different rules different councils I guess. With my ILs, they had both retaining walls on both sides fully paid for by the neighbours - because the reatining walls were not needed for his build. Basically the first one needed to flatten their land to build - but my IL didn't and had their pad done using dirt slope as they had enough space both sides on their land to do so. So the neighbour had to pay for the retaining wall as it was needed for their build. Then the other neighbour below them built - kinda like you. By having to make a large cut they were then taking away the stability of ILs pad for their house and his house was there and approved first. So council then required them to build a retaining wall for their building pad to keep ILs building pad stable. So again they didn't have to pay. Going off that - its like yours, it was fine but I'm not sure how stable your pad is now with the cut so close - normally you need 2m from your house to be stable and that looks less than 2m. Now for our protpery - like yours is gentle slope. Again my lower neighbour has had to make a small retaining wall for her cut and its also 300mm in. We are actually going to put another small retaining wall on the boundary to make it level with the rest of the yard - we are paying for that as its not needed but just looks nice for us having our yard flat all the way to the fence. Then the fence is going on top of this. I guess another suggestion since your land is flat - just build the fence on the boundary - then its up to your neighbour to put a retaining wall if they want it pretty looking and their cost as its on their land - kinda like what we are doing on our block. However I would want to make sure that cut won't cause any stable issues with your house first - incase they never put a retaining wall in. Thanks Shellby. some real good insights. The distance between my garage wall and boundary is 200mm The distance between my living area wall and the boundary is 1420 mm. Yes - I have been in touch with the neighbour and trying to be as accommodative as possible in doing the right thing. You are right that my house is on a flat land. The neighbour on the other side (to whom I'll be on lower side) has got the Retaining wall done by their builder. Based on what you just said, I am even unsure whether the retaining wall will have to come on the boundary line. one other option (possibly last) will be what you suggested (i.e.) to put in steel rods, get a sleeper going and put the fence on top of it and will be up to the neighbour to sort out the fall. As I said, I would like to be accommodative and do the right thing for both of us. At the end of the day, we don't want to be in wrong terms with neighbour just for the sake of few 100/1000$. Re: Retaining walls - help needed 6Oct 20, 2015 2:19 pm Here is my opinion of retaining wall fairness http://www.anewhouse.com.au/2012/06/ret ... -fairness/ The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Retaining walls - help needed 7Oct 21, 2015 12:43 am Argh, retaining walls. I am building in Qld and recently had to have a retaining wall built at the back of my block. I am on the lower side and the developer cut into my block. So even though it looks like my wall is holding up the neighbour's property it was my land that was cut into. Regardless of whether their builder is going to build a retaining wall or not, your neighbours may still be responsible for it. Not all builders include a retaining wall. Can you check with your developer? Re: Retaining walls - help needed 8Oct 29, 2015 9:43 am Jojeke Argh, retaining walls. I am building in Qld and recently had to have a retaining wall built at the back of my block. I am on the lower side and the developer cut into my block. So even though it looks like my wall is holding up the neighbour's property it was my land that was cut into. Regardless of whether their builder is going to build a retaining wall or not, your neighbours may still be responsible for it. Not all builders include a retaining wall. Can you check with your developer? Hi All, Thanks for your response The neighbour's builder isn't doing the retaining wall. I am using the services of [Langbourne Fencing](www.langbournefencing.com.au) to do the retaining wall + fence. They sounded genuine and most importantly the price they quoted (incl. GST) was almost same as the guy who quoted for CASH. 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