I want to establish a bit of a garden between my house and the neighbour's house for privacy. It's a steep and narrow block of land and I would need to build a retaining wall. How do I go about this? Do I have to get permission?
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Answer by LegalEagle™ staff, Forbes 2871 NSW.
- Retaining walls are structures that support excavated or filled earth on a property in order to prevent it eroding onto an adjoining property. In many cases you will require development consent for the construction of a retaining wall.
- Retaining walls may sometimes be regarded as 'Complying Development' for which no development application is required. This is only if the wall meets certain conditions relating to its height, distance from any boundary and distance from any significant structure. Whether development consent is required will depend on the nature of the retaining wall you wish to build.
- You should contact your local council to discuss whether the retaining wall is a complying development. If it is not a complying development the council can outline the process for obtaining development approval.
- You may be able to seek financial contribution from a neighbour for any work to a retaining wall that is required because the wall acts as a foundation for a dividing fence. This will depend on the purpose of your retaining wall and the characteristics of your particular parcel of land. You should make an effort to discuss any contributions with your neighbour.
- If you are unable to reach an agreement you may like to consider contacting a lawyer to discuss your rights and what the law in your state or territory says about the percentages that should be paid by you and your neighbour.