Environment & Planning
8. Constructing a Retaining Wall
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 26 Jul 2015
- A retaining wall is constructed to hold back or retain soil or water behind it. Construction of a retaining wall is generally considered to be an exempt or complying development and does not require a development application.
- Building approval is usually needed if the retaining wall is 600mm or greater in height.
- Development approval is usually needed if the retaining wall is greater than 1m in height.
- You should refer to your local council’s planning and development policies to check whether retaining walls will be considered as complying or exempt developments.
- You should also refer to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW):
- http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Depi%20AND%20Year%3D2008%20AND%20No%3D572&nohits=y.
- If it is complying development you will need to obtain a construction certificate from a Principal Certifying Authority (PCA).
- If your council does not consider your retaining wall as either an exempt or complying development you will be required to make a development application for approval.
- When constructing a retaining wall ensure that you comply with the laws relating to disposal of excavated material. Incorrect waste disposal can lead to harsh penalties even if the waste is just dirt or soil.
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