Retaining Wall between Two New Built/Building Houses

LTleaves on 19/02/2024 - 15:58

Hi, I'm seeking advice for a retaining wall between two newly built/building houses.
Who might be responsible for the landfall/slope and an extra retaining wall?

There is a 25-metre boundary between us.

From the front of the houses, my builder put a 12-metre retaining wall inside my side of the boundary
There is a 5-metre slope after, that has a 30° angle now. I'm on the higher side, there is a 50cm ground-level difference between the top and bottom.
After that, there is another 5-metre retaining wall on my neighbour's side of the boundary.
The rest of the boundary is a gentle slope.

We enquired builders to find out who is building the retaining wall on the slope.

My builder says:

There is no obligation for them to amend their plan. The next door was vacant at the time of the site inspection and engineering.
The other builder started the job later and made the site condition change, so it's their responsibility.

My neighbour's builder says:

The current retaining wall is on my land, so they can't do anything on my land.
The extra retaining wall should be there to hold my soil, and for my house to comply the building regulation 133.(they think.)

There is only a 200mm easement between the neighbour's house wall and the boundary. so it would be more realistic to extend my retaining wall.
A private quote called around $5,000 to extend it 13 meters all the way to the end, to keep the retaining wall firm and for futureproofing.

From googling, it seems it's both owners' responsibility when it comes to landscape purposes.
But when someone creates a level change, it seems the responsibility goes to the one who caused the change.
DIYing the retaining wall might be not an option as it's too close to my neighbour's building.

Any advice or similar experience would be helpful. Thanks.

Poll Options expired

  • 1
    My Builder has to put an extra retaining wall.
  • 4
    My neighbour's builder has to.
  • 11
    I just need to split between me and my neighbour.
  • 1
    Others.
Home & Garden

Comments

  • jv on 19/02/2024 - 15:58
    +3

    TL;DR

    • Tleaves on 19/02/2024 - 16:06
      +1

      :((

    • geekcohen on 19/02/2024 - 16:14
      -2

      ChatGPT says:

      You and your neighbor may both be responsible for the retaining wall. Your builder believes the responsibility lies with the other builder, who started later and caused the site condition change. Your neighbor's builder argues that since the current retaining wall is on your land, they can't do anything on your behalf. It might be more practical to extend your existing retaining wall based on the narrow easement and proximity to your neighbor's house. Obtaining private quotes for the extension can help clarify costs and options.

  • 87percent on 19/02/2024 - 16:05
    +2

    The person who benefits from the retaining wall pays.. isn’t it?

    • Tleaves on 19/02/2024 - 16:09

      Both of us would get the benefit - my land is turning steep, and it will eventually push my neighbour's wall.
      But I wonder why they hand over the house with a potential issue.

    • mskeggs on 19/02/2024 - 16:10
      +2

      Is the benefit not having my house slide down the hill, or not having the neighbor's house fall on top of you?

      • Tleaves on 19/02/2024 - 16:17

        It may hold for a while depending on how the current two retaining walls go. Donno how long it would take.

        I'm on the higher side and 1 metre apart from the boundary, so the neighbour's house may not fall directly on top of me.
        But their wall might be destroyed.

  • Dollar General on 19/02/2024 - 16:08
    +3

    I would just settle it with arm wrestle. Loser pays

    • Tleaves on 19/02/2024 - 16:10

      dang..should've finished the last set yesterday at the gym..

    • Jimothy Wongingtons on 19/02/2024 - 16:12
      +1

      oh…can we just settle for trial by combat where we can choose our own champions?

      dibs on picking Hafþór Júlíus Björnsson

      • Nugs on 19/02/2024 - 17:48
        +1

        far out, what would it cost to feed him?
        .

  • mskeggs on 19/02/2024 - 16:11
    +5

    Sounds like it is reasonable to split the cost and extend your wall.

  • Gdsamp on 19/02/2024 - 16:24
    +3

    feel free to include MS Paint diagram
    Cheers

  • Benoffie on 19/02/2024 - 16:34
    +3

    Depends on the state.

    In SA, it is whomever altered the land from the original level that pays for the retaining wall. It is done by percentages based on the level of alteration.

    https://www.lawhandbook.sa.gov.au/ch31s04.php

    However, that doesn't mean it's not just easier to pay for it yourself. I am in the middle of paying for a retaining wall + fence replacement which, realistically, should have been done when the new house next door was built (at 100% their cost as they altered the natural state of the land). The time and costs of chasing it through Small Claims just isn't worth the delays to my renovations.

  • apsilon on 19/02/2024 - 16:47
    +2

    A diagram would help. If I'm picturing it correctly you're saying there's only a 50cm difference from the high point to the low point. So what's the concern? Unless you've built on pancake batter I can't see the land moving. The change in height from front of my place to back is about 5m and there's been no movement without a retaining wall.

    INAL but I agree with your builder. If the other builder came in and changed the site such that they've created a problem then it's their responsibility to shore up their work.

  • Dorge on 19/02/2024 - 17:15
    +2

    You both lose. You're going to be losing soil over time. He's going to be gaining unwanted soil.

    If you want it fixed both should pay.

    I have had a similar problem, but luckily the neighbour fixed it without asking.

    • Nugs on 19/02/2024 - 17:50

      "but luckily the neighbour fixed it without asking."
      do you live next to @Benoffie ?
      .

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