Retaining walls 

A retaining wall is a structure to support or hold back earth. A retaining wall is often found between properties where the ground is at different levels, and:

• provides structural support for the higher property
  
• maintains the surface of the higher property at its present level
  
• forms an essential part of the higher property and
  
• prevents the movement of land between the higher and lower properties
  

The cost of building, repairing or maintaining a retaining wall depends on whether the retaining wall is necessary for the support and maintenance of a dividing fence between your properties.  You should get an independent report from a structural engineer. You should also get legal advice.  

If you have supporting evidence to prove that the wall is necessary for the support and maintenance of a dividing fence, you can negotiate with your neighbour and ask them to pay a contribution. You can try mediation at a Community Justice Centres (CJC), send a fencing notice and apply to the NSW Civil and Administrative Tribunal if you can’t reach an agreement.  

If the retaining wall does not support or maintain the dividing fence, you should get legal advice about your situation.

Check with your local council before carrying out work on a retaining wall. You may need to apply for a Development Application. 

If you have a dispute about a retaining wall, you can try mediation at the Community Justice Centre (CJC). Mediation is an informal process, where an independent person (called a 'mediator') can help people resolve their dispute. 

For more information, see What if we can’t agree?

The NSW Civil and Administrative Tribunal (NCAT) will not hear any matters about retaining walls unless there is supporting evidence that the wall is necessary for the support and maintenance of a dividing fence.  
Most disputes about retaining walls are heard in the Supreme Court of NSW. 

Before you consider starting a claim, you should get legal advice about your situation as retaining wall disputes can be complex and expensive.

Before building a retaining wall on your property, you need to find out whether you have to get approval from your local council.

Do I nee​​d permission to build a retaining wall? 

In NSW, you do not need council approval if the retaining wall is:​

• less than 60 centimetres above or below ground level
  
• at least one metre from any boundary line, easement, sewer or water mains
  
• separated from any other retaining wall on the property by at least two metres
  
• not affecting any heritage item and/or environmentally sensitive area
  
• not built on a flood control area and
  
• at least 40 metres from any natural water body.
  

You should make sure your retaining wall complies with any local council rules or regulations. If you are not sure whether your retaining wall will be breaking any local council rules or regulations, you should check with your local council before you build it.

How do I get approval?

If after checking with your local council, you are told that you need to get approval before building your retaining wall, you should not build your retaining wall until you get the relevant approval. 

You should contact your local council to find out how to get approval, as different councils can have different processes.