Brisbane Retaining wall and fence - BCC

I have a 16 year old property in Brisbane. I lived there during the two recent floods in Brisbane without any issues. I now live in Perth so it’s rented and I last viewed a few years ago and everything looked fine and no concerns from tenants and PM.

PM contacted me late last year regarding a neighbour wanting to contact us regarding a retaining wall. Neighbour emailed a, ‘BCC Concurrence Agency Application Form’ to us stating he wanted to replace all retaining walls around his property and we needed to sign the form before he could change to a concrete retaining wall and metal fence rather than the existing wooden retaining wall and wooden fence. We signed it.

Today we have received a notification that works will be starting on Thursday and more details of what works have been carried out so far plus what will be carried out.

There is also an itemised account that we owe him $30,000 for the work carried out so far and work commencing on Thursday. He states the 3 or more companies won’t bill us seperately.

This is the first I’ve heard of any payment required by us and of the detail of work.

I don’t even know why this work needs to be carried out. Our property hasn’t had any drainage or flooding issues. Our block is not flat, it slopes from front to back. The road is higher than the house/yard. From memory his block is raised and flat and level with the road.

Surely you can’t just spring this on your neighbour without any communication. Do I respond with, “we have no knowledge of any issues with drainage and don’t have any problems with the current retaining wall and fence. If you proceed with this it will be at your own cost. We haven’t been made aware that your changes require payment from us and we don’t have the funds to proceed or any interest in sharing your costs of plans, engineering, certificates, surveyor.”

 

Retaining walls are a major source of disputes in Queensland and the law is quite complex around who is liable for the cost of repairs and replacement. I have helped a number of people with these disputes, including members of this forum.

Without know the full circumstances and without this constituting legal advice, I believe your suggested response is appropriate. If the neighbour then pushes, you should seek proper legal advice.

The general position is that one owner will be responsible for the maintenance and repair of a retaining wall and that these costs are not shared between the land owners (unless agreed otherwise). Determining which owner is responsible can be a difficult process, but generally starts with a survey to identify whos property the wall is located on.

 

Thanks heaps!

 

The way I read the BCC Concurrence Agency Application Form your neighbor has applied to do works on or near the boundary, the form you signed sounds like you agreed not to oppose tbe works, but in no way agreed to "share costs" !
This last part may be pertinent to your problem....
Did you keep a copy of what you signed ?
(You may be able to request a copy from council under freedom of information as it is a form YOU have signed)
Advice for neighbours
Council will contact neighbouring property owners who wish to be contacted for discussion of the proposal when they nominate this request on the neighbour’s statement (Part 2).

It could just be your neighbor trying it on also...
Lastly good luck

 

And have a word to the other neighbours too so they aren’t sucked in!

 

Thanks, Yes I have a copy of the form and email. The form states, “replace retaining wall, replace boundary fence. The above three photos were included. The First photo had more detail - this is my side below with more detail. This letter was attached. There was no mention that we were responsible for any of the expenses and he refers to ‘I’ and issues on his property.

 

Unless I’m seeing it wrong too it appears the fence is inside his block.

 

How has the neighbour split the charges? Per m of boundary or per m2 of retaining wall height? Does the design change as the height increases above 1.0m or 1.2m?

Are all neighbours paying their section of fencing?

Have they provided an engineer's report detailing that the entire wall had failed? Which sections had failed or was it replaced because they want to?

 

It’s very confusing. He has two back neighbours, a neighbour on each side and himself. (5) He has split - plans, engineering, certificates, surveyor by 1/3 divided by 2 for the two back neighbours. - yeah, I really can’t follow it, doesn’t make sense....maybe he’s paying half of everyone’s expenses! Yes, that’s what he’s doing so he wants us to pay $14,700 in total as soon as possible. He’s paid 10% deposit for works for retaining wall and fence commencing on Thursday.

It says no allowances in quote to replant my gardens but there is quotes for grass. I have gardens all along the fence line and a shed. It is saying fence bordering our property is going to be 0.6-1.2m high 28m. It is the most expensive. The quotes of fence and retaining were split up in the quote by contractors but invoiced to him. There is rock clauses that costs could be higher than quoted. The retaining quote states ‘If walls are located on Boundary& shared by neighbouring property it is advised to seek approval from the neighbour if the wall is to be located on the boundary.’

Good points. No engineering reports. No photos. My PM inspected last month and wrote everything was good. As far as I know it’s fine.

Without being provided any receipts he is saying today that he has paid a total of $7650.90 for plans, engineering, etc - so he’s charging us a half of 1/3 of that.

I hope that makes sense

 

Tell him to bugger off

Or what you said, which sounds much better.

 

Hi @Propin
In addition to @Westminster comments

Email and or send registered mail to him that

1, you do not give him permission to access your property, as it is a rental property and due notice has to be given to the tenant, and possible compensation due to interuption of their right to use.

2, further question why the contractor would need access to your property and how much access (600mm from the boundary, or running a cement truck up your driveway)

3, that at no point did you agree to share the cost of works he has initiated.

4, consider sending copies of this letter to each other adjoining properties, as they are all likely thinking they are also liable (google st view to get st numbers).

5, investigate the council rules on "notice to fence", google your council rules on fencing to learn what you may be liable for (half a standard timber fence)...

 

Thanks for all the suggestions, Quick update

Emailed neighbour that we weren't paying for fence, etc and didn't give him permission to enter property without notice to Pm and tenants.

My PM briefed the tenant, went over this morning and took photo's. Neighbour caught up with PM so she took photo's from his yard also to see what the issue is as everything looks fine from my side. He asked tenant and PM if it would be Ok with carrying on with the work Thursday which they were ok with.

He called us and told us that our retaining wall is fine but has weakened due to the other two retaining walls failing a while ago. He said over time it will have the same problem and need to be replaced one day. He would rather do it now as it will be cheaper to do three at once rather than have to come back in the future and asked if we would give him permission to go ahead tomorrow as tenant has agreed. He stated it will cost $60,000 all up which he is paying for with the hope to be re-imbursed by neighbouring property owners. He thought of selling but the damage in his yard is so bad it would be discounted so he's decided this option is better.

He asked us if we would agree to allow him to do the works tomorrow and discuss a payment plan in the future. My husband allowed him to do that but assured him we didn't have the money. He said it needs to go ahead regaurdless.

I'm fairly confident we aren't responsible for any payment - as he stated it doesn't need doing now but at some stage in the future.

I don’t mind how it is from our property. Maybe he is going to sell when it’s all repaired as his property will benefit?

I've requested a copy of survey and engineers report but I haven't received anything.

First two photos are my property. Last two photos are his property bordering my property and big collapse of fence with his back neighbour

 

Sounds like a good result so far.

Make sure you don’t agree to his ‘payment plan’ suggestion as he may try and hold you to this in the future. He’s clearly proceeding with the works and just having a go with trying to get you to pay.

 

If the supporting structure stands upon the neighbouring land would they not require an "easement for support"

 

Generally only require a registered easement if you own a retaining wall that is located on your neighbours property which is very rare. There are both common law and statutory easements or rights of support that may apply though. Quite a complex area of law.