I'm not too sure how this works. I received a letter yesterday from a devt company advising next door neighbours are developing block and will require retaining wall along most of the boundary. Would we be resposible for half the cost? There is an appoximately 10 year old colorbond fence in excellent condition already.
Retaining Walls - Development sites
- Thread starter INVSTOR
- Start date
Nope Developer has to pay!
It might be a good idea to ask very nicely for a copy of their proposed earthworks plans.
Will you be higher or lower than your neighbours?
Will the type of retaining wall used affect your current or future use of your block?
If you are the low side, you'll be seeing the wall, will they make it out of a material you don't mind seeing on a regular basis? Limestone? Concrete panels? Render?
If you are high side, will it affect your ability to build, put in a pool or park a vehicle near the boundary?
Will you be higher or lower than your neighbours?
Will the type of retaining wall used affect your current or future use of your block?
If you are the low side, you'll be seeing the wall, will they make it out of a material you don't mind seeing on a regular basis? Limestone? Concrete panels? Render?
If you are high side, will it affect your ability to build, put in a pool or park a vehicle near the boundary?
there is no indication that the developer has asked Invstor to contribute 50%, where exactly is the "try on"?
I believe the developer will require your authorisation to access your property to install this retaining wall.
Will probably need temporary fencing up for a while on your land while excavating too.
Seems like you will have the upper hand here.
Will probably need temporary fencing up for a while on your land while excavating too.
Seems like you will have the upper hand here.
Linda,
As there was a perfectly serviceable fence before construction, they have no recourse to make you pay half of anything, including fencing. The dividing fences act is very clear on this.
any costs borne from improvements they make to their land is entirley on their shoulders.
if anything you have a right to refuse access to your land to construct any boundary improvements under the Building Act.
if they try anything on, just bring that little doosie out.
As there was a perfectly serviceable fence before construction, they have no recourse to make you pay half of anything, including fencing. The dividing fences act is very clear on this.
any costs borne from improvements they make to their land is entirley on their shoulders.
if anything you have a right to refuse access to your land to construct any boundary improvements under the Building Act.
if they try anything on, just bring that little doosie out.
Thanks for replies. I haven't had a good read of the paperwork yet as mail went to a relative so at this stage I'm pretty sure they are asking for permission to change fence, erect temp fencing and to access yard. I wanted to be clear if I agreed to the retaining wall (limestone) if I may be agreeing to pay.
And my second question is: my tenant at property has a dog. Is there any clauses or considerations to agreeing. Eg. Do I need tenants permission? What if dog bites workman? What if dog escapes and gets lost? Etc
And my second question is: my tenant at property has a dog. Is there any clauses or considerations to agreeing. Eg. Do I need tenants permission? What if dog bites workman? What if dog escapes and gets lost? Etc
The temp fencing put up is often not adequate to hold a dog in - Make sure the developer will put dog proof fencing in before agreeing. You should talk to your tenant as they will need to access land.Just the bit where it says "would we be responsible for half the costs" .
Although I must add I am overly wary of smaller developers after an experience near my office. Developer smarms his way into the Body Corporate to get access over common property to get to the back of his lot. BC agrees- at no cost which saves the developer thousands in crane and labour costs. For 4 months tradies park in the limited spots reserved for lot owners/tenants, blocking people in and causing the usual chaos. Garbage dumped in the BC's industrial bin, damage to the bitumen from developers earthmoving machinery (not repaired). The perfectly good fence was removed to allow access and then the developer asked for half the cost of the replacement when the job was finished! (not paid).
The front fence put up as part of DA was blown over in a storm (not built to spec-but done on the cheap) and the Developer tries to hit the BC up with half the cost of repairing it.
Best bit (and this was not the Developer's fault but I expect one of the tradies) was that after all work done at the back of the property one tenant had their 6 month old gas hot water system ($2k) stolen and professionally cut off from the gas and electricity. Unit not visible from the street so probably an inside job.
Maybe OP's developer and tradies will be better.
The front fence put up as part of DA was blown over in a storm (not built to spec-but done on the cheap) and the Developer tries to hit the BC up with half the cost of repairing it.
Best bit (and this was not the Developer's fault but I expect one of the tradies) was that after all work done at the back of the property one tenant had their 6 month old gas hot water system ($2k) stolen and professionally cut off from the gas and electricity. Unit not visible from the street so probably an inside job.
Maybe OP's developer and tradies will be better.
Afraid to say it but as you're not a party to the contract (ie it was paid for by the developer) you will find it difficult (read snowball's chance in hell) of getting any action.
The developer's out of there.
What is the wall retaining?
The developer's out of there.
What is the wall retaining?
It was a colorbond fence in excellent condition about 10 years old. I have a survey to confirm. It is now a retaining wall with re-used colorbond sheets on top. Approx 80 meters of warped fence now! Probably equivalent to $10,000 replacement value. The builder is still on site. I don't get why someone would pay and accept this quality workmanship. Building company doesn't return calls and obviously doesn't follow up when they say they will. I understand why as we aren't paying them - but gosh, would never recommend or use them. I'll call council to try to sort.
WA - I think it's the council here too.
Have you been able to talk to the owner who is developing? Surely he's not happy with the wonky fence work either?
Keep perservering!
Keep perservering!
