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New build retaining wall

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  • Section62
    Section62 Posts: 9,700 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Andy_1122 said:
    sheramber said:
    Is it not the case that the responsibilty for a retaining wall lies with the uphill party, whose land is being retained, unless the title deeds state otherwise.?

    That doesn't men you wouldn't have hasle getting them to repair it.


    Thankyou. Well this is what has caused much the fuss. Whoever planned this estate has made that our wall and our responsibility on the plans. Had they made ownership and the boundary of the house above, it wouldn't be an issue for me or for them, becasue even if it collapsed it would be classed as structural to their house and home insurance would cover it. As they have made it mine and my ownership it it collapsed the my insurance would not cover it as it not attached to my house in any way.  Whoever planned this estate has dropped B for sure. 
    It is fairly common to make the person at the bottom of the wall responsible for it - you get to look at it all the time so it makes sense for you to have some level of control over how it looks.  Most of the necessary maintenance work/reconstruction is normally done from the lower level, so again it makes sense for the lower property to have control rather than giving the upper property extensive access rights over the lower property's land.

  • MikeJXE
    MikeJXE Posts: 3,856 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Also bear in mind.

    When you look at a home what you see is what you get, the parts you can't see are the foundations which have been inspected by the LA

    A wall is also what you see is what you get but,  the foundation of a retaining wall and what is behind it is it's strength and probably not inspected 
  • Section62
    Section62 Posts: 9,700 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    MikeJXE said:
    Also bear in mind.

    When you look at a home what you see is what you get, the parts you can't see are the foundations which have been inspected by the LA.....
    Not always, and particularly large new-build developments.  Private BC is replacing the role traditionally done by the LA.
  • stuart45
    stuart45 Posts: 4,838 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    The NHBC being the main ones for large developments.
  • stuart45 said:
    The NHBC being the main ones for large developments.
    It's the NHBC with us. And true or not, I was told to not get overly excited about their warranty. Apparently they are put together and funded by the house builders, not entirly convinced that makes them independant and dedicated to your well being 
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