FAQs

A retaining wall is a structure,  designed and constructed within steep terrain to provide a level area for roads, properties, and driveways to be built.

A road reserve is a legally described area where facilities such as roads, footpaths, and associated features may be constructed for public travel.

Natural ground level is the natural level of the site before any excavation or filling has been carried out on the site. 

The Retaining Wall Policy defines the criteria for identifying the ownership and maintenance responsibilities for retaining walls.

The Policy applies to retaining walls which are wholly or partially within Council’s road reserves and properties and to those constructed as part of future developments. 

Across the City of Glenorchy there are more than 55 retaining walls. Some are within the road reserve, others are on, or adjoining, Council property. Council has built some of the retaining walls. Others have been built privately by owners and/or residents. In other cases lack of historical information makes it difficult to determine who built the wall, who owns it and who is responsible for its maintenance.

The Policy will provide clear and consistent guidance of the ownership and associated responsibilities to both Council officers, residents and potential purchasers.

The following general rules are used to determine ownership and responsibility: 

• In the absence of clear historical information suggesting the contrary, ownership and maintenance responsibility for retaining walls is, in general, to be determined based on their location and who is benefitting from the wall.
• The natural ground level is an important factor in determining the ownership and who originally benefitted from the wall.
• If the wall was originally built for the purpose of constructing a public road ordinarily and is providing an ongoing structural or functional support to the public road, Council resumes the ownership and maintenance responsibility. 
• If the wall built for the purpose of a levelling the ground on the private property or for a driveway access, the wall is privately owned and maintained.

Based on these general rules, Council has developed a Retaining Wall Technical Guideline. This document will assist in the identification of ownership, as well as the approval requirements regarding any new, renewed or upgraded retaining walls as part of future works and developments. Council technical staff will review and maintain this document on an ongoing basis to ensure it aligns with the latest standards and guidelines.

No, not always. There are some exceptions for ownership of retaining walls within road reserve or on its boundary. The retaining wall is not Council's responsibility if 

• The wall predominantly forms part of the driveway or provides access to the private property(s);
• The wall was built as part of an excavation to obtain more level ground,  for a development, or to benefit the private property(s) ; 
• The wall provides no physical support to the public road and was not necessary to form the road; or
• A  Road Occupancy Agreement or a similar agreement with Council applies to the wall allowing the property owner to build and/or own the wall or a portion of the wall. Such an agreement is still applicable even if the property changes hands.
• Ownership of the wall is shown on development plans. 

A road occupancy agreement  is an agreement with Glenorchy City Council allowing a  third party the occupancy of a road reserve for a specific purpose and for a set period of time.

With existing private retaining walls in the road reserve a road occupancy agreement should be entered into between the owner and Council.

For any retaining wall within  or on the boundary of Council’s property, other than a road reserve, the ownership and maintenance responsibility will sit with the party who is benefitting from the wall.

If the retaining wall has been constructed to provide amenity and benefit to the general community then Council will be responsible. If the primary benefit of the retaining wall is to a private property, then the responsibility lies the property owner/s gaining that benefit.

Any new, renewed or upgraded retaining wall that is part of future works and developments, needs to meet all the legislative requirements, such as planning and building. The retaining wall policy does not provide exemptions or consent to any works that are regulated under the relevant road, planning, or building regulations.

The approval of new private retaining walls in the road reserve will be limited to providing driveway and  pedestrian access to a property and/or access for service providers.

If a property owner or third party proposes to build a retaining wall on Council land as a part of a development, consent to lodge the planning application is required from Council’s General Manager.  For retaining walls within the road reserve,  Road Occupancy Agreement (ROA) is required prior to the start of work.  

If a new retaining wall is proposed as part of a subdivision, or on the property boundary, then ownership will be clearly stated on the development and building plans. 

If the private owner questions the ownership and maintenance responsibility of the retaining wall and/or disagrees with Council officer’s assessment based on the Policy, they may wish to take the further actions. The private owner can seek independent legal advice, to clarify the ownership and maintenance responsibility.

If the damages to the Council’s retaining walls are caused by a third party, it will be their responsibility to fix the retaining walls to the Council’s standard. Council may take enforcement actions which may include Council repairing the wall and retrieving the costs from the person responsible for the damage.

If a private retaining wall is failing Council may take enforcement actions which may include Council repairing the wall and/or closing off the footpath/road, then retrieving costs from the responsible person.  If the private wall forms part of the person's driveway then Section 35 of the Local Government (Highway) Act applies.

Contact Council on 03 6216 6800 to talk to Ning Huang (Asset Management Coordinator) or Reza Ramezani ( Asset Engineering Officer) or email them using the contact details below.