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Who is responsible for a retaining wall on a boundary?

Regulation

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Retaining walls aren't covered by the dividing fences legislation. Responsibility follows the benefit.
Regulation

Who is responsible for a retaining wall on a boundary?

The starting point

Queensland’s dividing fences legislation covers fences and trees, and says in so many words that a fence isn't a retaining wall. The Queensland Government’s own guide says the same. Retaining wall disputes are decided on common law, case by case, which is why you get a different answer from everybody you ask.

The general principle

Responsibility follows the benefit. That's the thread through all of it.

  • If you cut into your land and need to hold your neighbour’s soil at its natural level, the wall is usually yours
  • If you filled your land and need to hold the added soil, the wall is usually yours
  • A wall wholly inside one property usually sits with that owner, though who benefits from it can still change the answer
  • A wall straddling the boundary may be shared, depending on who it benefits
Before it gets expensive

If there's money or a neighbour in dispute, get legal advice. We build walls, we don't settle boundaries. What we can tell you is whether the wall needs approval either way. What we can do is come out, measure the levels, and tell you factually which side the ground was cut or filled on, which is usually the thing the argument is actually about.

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