Browse Forums General Discussion Re: What to do when neighbour didn't build a retaining wall 3May 13, 2009 10:16 am Do the hard jobs first. The easy jobs will take care of themselves. - Dale Carnegie Re: What to do when neighbour didn't build a retaining wall 6May 13, 2009 1:42 pm Cheers Cozmo ______________________________ Building a PD Heywood 29 http://fromevetoeternity.blogspot.com/ Re: What to do when neighbour didn't build a retaining wall 8May 13, 2009 6:00 pm I just did a quick search on google. Turns out there is an entire Legal Act on Dividing Fences but nothing concrete on retaining walls. On Legal Aid-WA website, this is what i found. "The person who changes the land level by digging or building up is responsible for building a retaining wall to make sure that there is no risk of earth movement. Any person buying a property with a retaining wall is responsible for maintaining it. If both neighbours change the land level, then each neighbour will be responsible for building the retaining wall and maintaining it. The amount that you pay will depend on how much you have each changed the land level. Always check with your local government about building requirements before building a retaining wall. Problems about the cost of retaining walls can be complicated and legal advice may be necessary. Your local government will in some cases send out a building inspector who may be able to help solve the problem." I have included the website in case anyone else has any disputes and want to have a read. (http://www.legalaid.wa.gov.au/InfoAbout ... =Homes.xml) It seems that my neighbour is the one responsible because he had built up his home. Even the council is surprised that there is such a large drop and its not stated on the plans. We rang up the council and was told we had no real recourse. The impression I get is that they do not want to get involved. I will just have to try and contact the neighbour again and failing which, get a building inspector in. I do not wish to go down this route cos I will end up living next to them but it seems i don't have much of a choice unless i pay for it. In a moment of madness, I had half a mind to just remove the fence and let all their soil fall on mine. It would be interesting to see how they would respond when they find the paving on their courtyard falling over. Re: What to do when neighbour didn't build a retaining wall 9May 14, 2009 7:29 am glitch69 "The person who changes the land level by digging or building up is responsible for building a retaining wall to make sure that there is no risk of earth movement. That seems to ring a bell now, our neighbour cut into the block along the adjoining side, thereby creating the need for an adjoiing wall and hence him footing the bill. Re: What to do when neighbour didn't build a retaining wall 10May 14, 2009 8:17 am Just been reading your thread. I feel mad just reading it and I feel for you. It makes me mad that when most people want to build they have to get reports and inspections passed or if you dont you get into trouble, Then sometimes you come acrross people who havnt bothered to get them done and get away with it somehow then when something happens or said further down the track they still get away with it I am in Vic and someone I know has the same problem as you it looks like their neighbours fence and entertaining area is going to fall on their house! I havnt seen her for a while so I dont know whats happening there so I cant help you with this sorry, I think its like another poster said in Vic the lower side has to cop it. But its so annyoying if someone builds first and changes the course of land and fencing then they should make sure it doesnt cause any hassle for the block next door. Someone else I knew of built their block up sooooo much on the lower side the fence was 6ft high and on their side 2 ft high, I wonder what would had happend if a small child fell over their low side onto the 6ft drop below? It makes me wonder how they get away with things sometimes Know where your going in life............... you may already be there Re: What to do when neighbour didn't build a retaining wall 12May 14, 2009 12:17 pm mattydals Is there an easement at the back of their property? They may have been denied permission to build a retaining wall. What about putting fill onto an easement surely they would need permission to do this? Cheers Cozmo ______________________________ Building a PD Heywood 29 http://fromevetoeternity.blogspot.com/ Re: What to do when neighbour didn't build a retaining wall 13May 14, 2009 2:23 pm Phew!!! Issue finally resolved. Managed to contact the neighbour and they have agreed to have a retaining wall built. I was really sweating for a while. Hopefully, things will be smooth from now one. But still wondering how they got away with it. I heard through the grapevine that sometimes its on the drawings for approval but at the end of the day, they just didn't bother. As long as the council doesn't send someone to check...they can pretty much get away with it. Re: What to do when neighbour didn't build a retaining wall 14May 14, 2009 4:13 pm Good to see your problem is solved A friend had a similar issue . his land was excavated lower than his neighbours block. ..So when it rained he copped the water from his neighbours and consequently got flooded, he asked the neighbour to build a retraining wall on one side of the house but he refused , so of cause this caused bad neighbourly relations verbal fights and nearly punchups ,would you believe but there where other issues too. Anyway my friend also refused to pay thinking it wasnt his issue so he hassled the builder and the builder ended up having to pay for the retaining wall Re: What to do when neighbour didn't build a retaining wall 15May 17, 2009 8:44 pm Does anyone actually know for sure who's responsiblilty it is in Vic? I'm having disputes with my neighbour (unfortunatly things have turned quite nasty already and have had abusive phone calls)....we have been advised that whoever has to retain the land (in this case us) is responsible for the retaining wall (maintenance etc etc) but they are saying they are responsible (who on earth ever wants to take responsibility!) and want copies of all our paperwork associated with it...... I've tried to speak to our council but they wouldn't help and they refered me to fencingonline.com.au and they were useless so at this stage it's a case of my solicitor says this and theirs say something else Re: What to do when neighbour didn't build a retaining wall 16May 18, 2009 11:43 am MBBN Does anyone actually know for sure who's responsiblilty it is in Vic? I'm having disputes with my neighbour (unfortunatly things have turned quite nasty already and have had abusive phone calls)....we have been advised that whoever has to retain the land (in this case us) is responsible for the retaining wall (maintenance etc etc) but they are saying they are responsible (who on earth ever wants to take responsibility!) and want copies of all our paperwork associated with it...... I've tried to speak to our council but they wouldn't help and they refered me to fencingonline.com.au and they were useless so at this stage it's a case of my solicitor says this and theirs say something else I just built where we had a cut and fill site. My block is lower than my neighbours and it was our responsibility to build the retaining wall as we are responsible for the site cut. The builder should build this for you. Should the block behind mine be built on, they will need to build a retaining wall as my land falls into theirs. Re: What to do when neighbour didn't build a retaining wall 17May 20, 2009 10:52 am Matty dals we are in the same position... with our block falling the same as yours we have had quite alots of dirt pushed out the back making the height between our block and the one below quite a bit..... i assume that because when they start building they will have to cut that they are required to build the retaining wall.. i'm sure they will be spewing when they see how high the back of our block has become... 2nd build here we come in Whittlesea! https://forum.homeone.com.au/viewtopic.php?f=31&t=92617 1st Build - Henley - Cooper in Doreen! (2009) https://forum.homeone.com.au/viewtopic.php?f=31&t=17354 Re: What to do when neighbour didn't build a retaining wall 18May 20, 2009 1:31 pm any chance of pics at all? my block needs a 900m retaining wall on both sides, which our builder will make, the blocks on both sides of me will also needs retaining walls of around the same size so not sure how all of it works out, do they just make the wall on top of the other wall or stagger it? Blog - http://snakedr.blogspot.com/ Build Thread - viewtopic.php?f=31&t=12084&p=307406#p307406 Status - PCI 15/10. Things nearly done. Re: What to do when neighbour didn't build a retaining wall 19May 20, 2009 4:03 pm Our relatives needed to pay for repairs to the retaining wall along one side of the house they bought. Apparently it was their responsibility because it was the ground level on THEIR block which had been changed. That makes sense to me. You choose to cut or fill, you pay to hold it up. Very sad to read how much trouble this issue causes. You may still have a case, but your next step is to speak to a lawyer. 3 1745 Thank you again Simeon.. I will call my certifier for that. Have a good day 4 5853 Can anyone recommend a good/affordable retaining wall and fence builder that I can get a quote from located in Sydney? 8 46760 |