Who is responsible for a retaining wall in NSW?

Who is responsible for a retaining wall in NSW?

So if the retaining walls are part of private property, the property owner is responsible for its maintenance. For walls that lie in common or shared property under a strata scheme, the responsibility lies with the owners corporation.

Do I need a fence on top of my retaining wall?

In NSW the fencing act says(in layman`s terms) it basically comes down to whoever`s land needs to be retained is the one who has to pay for the wall and the wall stays on your side of the boundry but is usually right up against it,the fence on top of the wall if needed is a 50/50 split.

How high can a retaining wall be without council approval NSW?

How high can a retaining wall be without council approval NSW? The standard height for a retaining wall in NSW before getting approval is anything up to one metre – however, this can change depending on local council rules.

Do you need council approval for a retaining wall NSW?

* In New South Wales, you need permission from council to build a retaining wall higher than 600mm from ground level. * On the Gold Coast of Queensland, you need building approval for retaining walls 1 metre or more in height. * In Victoria, a building permit is needed for retaining walls over 1 metre high.

When do you need a retaining wall in NSW?

Check with your local council. Since 2008, under amendments to the Dividing Fences Act 1991 (NSW) section 3, an adjoining owner can seek a contribution for the carrying out of work to a retaining wall where the wall is necessary for the support and maintenance of a dividing fence. Law of support In NSW, land has a right of support.

Can a retaining wall be used to support a fence?

Nham did not succeed in the claim as it was found that the retaining wall was not necessary to provide a foundation for the fence or to support the fence. The Tribunal reasoned that: The Dividing Fences Act 1991 applies to work which involves the design, construction, replacement, repair or maintenance of whole or part of a dividing fence.

Can a land holder pay for a retaining wall?

Comments on this forum are not legal advice and should be taken as comment only. Under the Dividing Fences Act an adjoining land holder can seek a contribution for the carrying out of work to a retaining wall where the wall is necessary for the support and maintenance of a dividing fence.

Is the cost of a retaining wall covered under the dividing fence Act?

The cost of building, repairing or maintaining a retaining wall is not covered under the Dividing Fences Act unless the retaining wall is necessary for the support and maintenance of the dividing fence. What is a retaining wall? Who should pay?

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