Building a Fence on a Retaining Wall: What You Legally Need to Know

April 18, 2023    propertylawyersperthwide
Building a Fence on a Retaining Wall: What You Legally Need to Know

The retaining wall’s function is to hold the soil and stabilise it so that erosion can be prevented. However, building a french on your retaining wall without any legal consent can result in a fence dispute with neighbour. Hence to resolve the dividing fence dispute and legalize the process, you can consult lawyers.


The retaining wall is generally created with dams and dirt, which includes treated timbers, poured concrete, bricks, stacked blocks, and other materials. This is to secure the area of soil for securing your home. Therefore, a fence is often created upon it to strengthen the retaining wall.


The fence also works as a divider for you and your neighbour’s residence. It is used to separate the properties from each other. Hence, there is a legislative process associated with it. If any dispute between you and your neighbour happens regarding property, the law has the capability of resolving it.

Why is building a fence necessary for your property?

Building a fence provides various facilities. It not only separates your property but also can protect your household. The Best Property Lawyer would help you to do it without any restrictions.

  • Provides Safety

When you build a fence, it guards your house. It also strengthens the retaining wall. Hence, it allows you to avoid soil erosion. Hence, your property would be safeguarded even during a natural disaster.

  • Protects your property

The fence can also protect your property. It separates the area of your yard and your neighbours. As a result, the trees in your area also get separated. In this aspect, you can easily determine if the tree inside your neighbour’s property can anyhow cause damage to your property.

  • Protects your privacy

A fence is great when you are willing to make your property more reserved. The fence can provide appropriate support for your privacy. If you wish to build a fence it reserves the area of your house. Hence, outsiders can easily enter your yard.

  • Decent appearance

The fence can also give a decent appearance to your property. There are various designs available for your fence which can change the look of your house in a splendid way. Hence, you can protect your entire household, including your yard, along with giving it a good appeal.


Therefore, to separate the area of your property and add security to it, you can build a french. The height of retaining walls can be lower in some cases. In addition, the retaining wall can be needed to be protected or repaired. In this aspect, a fence can make an absolutely good choice.

What are the laws associated with building a french on the retaining wall?

In order to maintain peace between you and your neighbour, some laws are followed. One of them is the Dividing Fences Act of 1961. This particular act provides a legal sharing of costs among the neighbours. The exhibit isolates the divider. The BSCRA Act is also presented to avoid the unethical rights of property contracts.


It does not help with fence stature impediments or see deterrents or encroachment. It also does not hold dividers like fence property line disputes. Rather the Fencing Dispute lawyers Perth allows social affairs to swing to the court in order to resolve the dispute. According to International Building Code 1015.2, a wall taller than 30 inches must be guided by a fence.

What is the role of Property Lawyers in Perth, WA?

Property lawyers Perth WA plays the role of advising their clients on different kinds of property aspects. For instance, any dispute regarding your property or making you understand your rights regarding it is the job of a property lawyer.


The property lawyers draft MOUs in order to come to an agreement. When you are willing to build a fence, you must have the permission of your neighbour. Otherwise, the fence built without permission can cause damage to your neighbour. In this regard, you may have to provide the reimbursement money for the settlement.


Therefore, you are advised to consult fence dispute lawyers before taking such steps. It can advise you whether you can build our fence on the reading wall that connects the lawn of your neighbour or not. In this way, you would primarily be able to avoid conflicts with your neighbour, regardless of how, if you have missed it and already built the fence, the layers can still help. If this has got you into trouble with your neighbour, the expert layers can help you settle the fence dispute with your neighbour.

How can a lawyer help the french building on the dividing wall?

In case of a fence dispute, you must consult the Best Property Lawyer to aid the situation with some expert advice. The lawyers have practised the law regarding such issues. They deal with various such cases, which allows them to assist you unconditionally. Hence, they can provide help in the following matters.


  • Resolving dispute regarding a new living settlement
  • Deal with the chaos associated with the arrangements of existing living
  • Possible disputes regarding stature confinements
  • The lawyers can settle visual snags
  • Building contract dispute

These issues can easily be settled down with the help of an expert lawyer. In this context, building a french on the divider wall can also give rise to a contract dispute. Therefore, you can rely on the fence dispute lawyers to successfully build a fence on your retaining wall.


Apart from that, know what to do if you have had a dispute with your neighbor. The legal team can also help you know the appropriate steps or your rights. The lawyers can solve it in a fair way. In this regard, you can solve your issue without hampering your relationship with your neighbour.

How building contract disputes can restrict building fences on retaining walls?

Building contracts are the inclusion of particular policies that decide the liabilities and rights of the gatherings. It also includes the components by which time confinements and expenses might be broadened.


The dispute in the contract can diversify the concept. It can unfollow the arrangements and cause misstatements. In this regard, building a fence on a common wall can be a problem. Apart from that, the property can be owned by more than one. Hence if both of the owners are not permitting it, then the fence can not be built.


The Fencing Dispute lawyers Perth can take the matter for a better inquiry. It can investigate the laws of the building contract and take both parties into a settlement that would be agreed upon by all.


In final words, the fence dispute lawyers can help settle the issues regarding fence building on the retaining wall. It can provide you with help like securing your property and separating it from others. Moreover, it also can provide privacy and protection by giving t a decent look.


This can involve your neighbour, which makes this daunting and complicated. Hence, without the permission of your neighbour, you can not proceed with the work because it can cause damage to your neighbour’s property. Hence, Property lawyers Perth WA can provide you with authentic property law services. Specialised property lawyers can give you advice to gain all the knowledge about your property and come to a settlement.

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