Page 26 - PR Mag Sep19

RETAINING WALLS

A retaining wall is a structure designed to hold up an embankment managed under the relatively simple Qld dividing fences laws*
of soil which has been artificially created following either the and is instead resolved under an old legal principle known as
cutting and excavation or back filling of a sloped allotment of the law against nuisance. This same law also covers a situation
land. In most cases the earthworks are performed to create a where the wall is wholly located inside the boundary of one
more usable level platform of soil for building construction. property but now poses as a landslide threat to the neighbouring
However, given the fact that these works may have an impact property through poor design or disrepair of the wall.
on any neighbouring property, what are the rules around the In each case, this anti nuisance law apportions the liability for
design, positioning and maintenance of these structures? the wall in the same proportion that the wall supports the
Generally, the wall will be positioned inside the boundary excavation and/or filling which has occurred on either side of the
line of the property that benefits from it and consequently, it wall structure. For example, where a one meter wall between
usually follows that the cost of construction and maintaining property A and property B supports a soil fill on property A to a
the wall will always be the full responsibility of the owner of that height of 300 mm and an excavated fall in property B to a depth
property from time to time. of 700 mm, the cost of the wall will be shared as to 30% for A
Local Council approval for the structure is usually not required and 70% for B.
unless the wall either, rises above 1 meter or is positioned Some local Councils maintain records of the original topography
within 1.5 meters of a building structure and/or directly along a of sections of land prior to subdivisions and cut/fill earthworks.
boundary line with a neighbouring property. If these records are not available, Consultant Engineers can be
If neighbours fall into dispute over the construction and/ engaged to make the calculations.
or maintenance of a retaining wall positioned on a boundary *See section 35 (1)(f) of the Neighbourhood Disputes Resolution Act 2011 for
line between their properties, the dispute generally cannot be limited circumstances where QCAT still has jurisdiction.

Michael Zande is a Queensland Law Society Accredited Family Law Specialist with over 25 years’
experience in the field. He is the principal at Zande Law Solicitors, Suite 7, Norwinn Centre, 15
Discovery Drive, North Lakes. To contact Michael for advice, phone 3385 0999.
The information in this article is merely a guide and is not a full explanation of the law. This firm cannot take
responsibility for any action readers take based on this information. When making decisions that could affect your
legal rights, please contact us for professional advice.

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