Hi Guys,
I am looking for some advice about a Minor working order given to me by the Council under section 113 Building Act 93to build a retaining wall to protect my neighbour’s property, which suddenly seems to have lodged a complaint with the council fearing that he might lose is soil from his property. And I wonder why I am liable to contain his property, when I asked this question to the assistant building surveyor from the council ,who came and visited my property yesterday the answer given to me is that, ‘as the retaining wall that is already there is built on my end ‘ it is my duty to repair and build it.
I bought my property in April last year and this neighbour has bought this property well before me and I am surprised that now only he has realised that he might lose the soil from his property.
Since I bought this property, from the way I see his Property’s state, where he has never mowed is or done any gardening, which is not maintained at all, I am so frustrated and worried that I have to spend money to protect his land.
Last week he came and gave a very stupid reason advising that he is worried that his dogs might get through the fence into my property. In actual fact I am the one who needs to be worried because I have a 1 year old baby son.
When I looked up online I found this law about retaining wall, which is building act 2006 section 606, which states,
606. Retaining walls
(1) The municipal building surveyor may require the owner of an allotment to provide retaining walls or other means of maintaining the stability of the soil, if the municipal building surveyor considers that the stability of the ground on the allotment or any adjoining property has been or may be adversely affected by any excavation or filling of soil on the allotment.
As highlighted above I cannot see there is a chance of him being adversely affected suddenly.
Therefore I am wondering what I can do about this? Can I appeal this matter? And do I need a lawyer for this?
In case I am forced to build it, how much will it cost? (I am single income earner who earns around 60K, where my wife is a stay at home mum) , I feel that I am unfairly treated in regards to this matter by the council.
Can I force my neighbour to share the cost of Building this retaining wall? I have uploaded the retaining wall photo as a reference; this wall is currently on my side?
Also the most important fact is that his house in the high side.
Any advise would be much appreciated, thanks.
I am looking for some advice about a Minor working order given to me by the Council under section 113 Building Act 93to build a retaining wall to protect my neighbour’s property, which suddenly seems to have lodged a complaint with the council fearing that he might lose is soil from his property. And I wonder why I am liable to contain his property, when I asked this question to the assistant building surveyor from the council ,who came and visited my property yesterday the answer given to me is that, ‘as the retaining wall that is already there is built on my end ‘ it is my duty to repair and build it.
I bought my property in April last year and this neighbour has bought this property well before me and I am surprised that now only he has realised that he might lose the soil from his property.
Since I bought this property, from the way I see his Property’s state, where he has never mowed is or done any gardening, which is not maintained at all, I am so frustrated and worried that I have to spend money to protect his land.
Last week he came and gave a very stupid reason advising that he is worried that his dogs might get through the fence into my property. In actual fact I am the one who needs to be worried because I have a 1 year old baby son.
When I looked up online I found this law about retaining wall, which is building act 2006 section 606, which states,
606. Retaining walls
(1) The municipal building surveyor may require the owner of an allotment to provide retaining walls or other means of maintaining the stability of the soil, if the municipal building surveyor considers that the stability of the ground on the allotment or any adjoining property has been or may be adversely affected by any excavation or filling of soil on the allotment.
As highlighted above I cannot see there is a chance of him being adversely affected suddenly.
Therefore I am wondering what I can do about this? Can I appeal this matter? And do I need a lawyer for this?
In case I am forced to build it, how much will it cost? (I am single income earner who earns around 60K, where my wife is a stay at home mum) , I feel that I am unfairly treated in regards to this matter by the council.
Can I force my neighbour to share the cost of Building this retaining wall? I have uploaded the retaining wall photo as a reference; this wall is currently on my side?
Also the most important fact is that his house in the high side.
Any advise would be much appreciated, thanks.
