This question came in from an NSW Lot Owner enquiring about retaining wall maintenance responsibility. Leanne Habib, Premium Strata provides the following response.
Question: Retaining wall maintenance responsibility – is our retaining wall our responsibility to repair?
Who is responsible for the repair of a retaining wall in the backyard of a townhouse.
The retaining wall was installed by the developer and forms part of the landscaped yard. It holds backfill on which a paved terrace sits directly outside the townhouse back door. The backyard space is only for the use of the owners.
Answer: The strata plan will generally depict the boundaries of lot property and common property. This will generally include reference to retaining walls, and trees within courtyards.
The strata plan will generally depict the boundaries of lot property and common property. This will generally include reference to retaining walls, and trees within courtyards.
Whilst the retaining wall may have formed part of the original construction and was present at the time the strata plan was registered, the strata plan is what you should review to assess the boundary lines and if the subject retaining wall is sitting within lot property or common property space.
Generally retaining walls are common property; however, this can vary from building to building. Therefore, we suggest that you review the strata plan and the notations on the strata plan closely to determine which space the retaining wall sits within and if they are common property or lot property.
This post appears in Strata News #129.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.