Before starting any retaining wall or site works project, there are specific approvals you'll need to secure. Find out about requirements and how to apply.
Definitions
- Retaining wall: A retaining wall is a structure specifically designed to support soil on a slope that is steeper than the natural inclination of the land, preventing subsidence. Such walls become necessary in areas where the land's differing levels require support at angles beyond its natural capacity to sustain itself.
- Development (Planning) Approval: This is the City’s approval of your project's design and location, ensuring it aligns with local zoning and planning rules. It's the essential first step for any new building or significant alteration on your property.
- Building Permit: A formal permission from the City for the construction, extension, or major renovation of a building, ensuring safety and compliance with building codes.
- R-Codes: R-Codes, formally known as State Planning Policy 7.3 - Residential Design Codes, are a set of regulations that govern residential development in Western Australia. They detail the minimum requirements for the design and assessment of residential properties, focussing on aspects like building size, open space, setbacks, and density to ensure sustainable and community-friendly development across various residential zones.
Responsibility for constructing a retaining wall
Responsibility for constructing a retaining wall falls to the party altering the land's natural slope, whether by excavation (cutting) or by adding to it (filling). In situations where both neighbours have modified the land's elevation, each is responsible for the construction and upkeep of the retaining wall proportional to their alterations.
It's important to note that a dividing fence does not qualify to retain soil.
Find out if you need planning approval and/or a building permit below and how to apply.
How to apply
Guidelines for building and maintaining retaining walls
Location of retaining walls
Retaining walls should ideally be constructed within the property boundaries where the works are proposed. Construction across property boundaries is permitted only with written agreement from all affected neighbours.
In instances where a retaining wall extends beyond the property boundary, a Notice and request for consent to encroach or adversely affect (BA20 form) is required. This form must accompany the building permit application. Additionally, Planning (Development) Application forms, where applicable, must be signed by both landowners involved.
Positioning of dividing fences near retaining walls
A dividing fence is to be positioned on the higher ground of a retaining wall which abuts a common boundary.
Privacy and overlooking
To safeguard privacy and prevent overlooking into adjoining properties, a fence measuring 1.8 metres in height is permitted atop a retaining wall. This applies when the wall:
- Exceeds 0.5m in height
- Is situated outside the front setback area of a property.
- For fencing within the front setback area, adherence to the R-Codes' requirements for front fencing is mandatory. For more information refer to Fences and Street Walls.
Maintaining retaining walls
Owners are responsible for ensuring their retaining walls remain structurally sound. Should the City deem a retaining wall structurally inadequate, the owner must engage a practising structural engineer to assess the situation. Based on this assessment, the engineer will determine the necessary actions, if any, to restore the wall's structural integrity. The cost of consulting a structural engineer falls solely on the owner.
Retaining wall disputes
When facing issues or disputes related to retaining walls, it's best to first talk with the other party involved. A constructive conversation can often find a mutual solution. These guidelines aim to help navigate retaining wall disputes smoothly.
Steps to resolving disputes
More information and contact
For more information on approval and permit requirements for retaining walls, contact the City on 9400 4000 or email info@joondalup.wa.gov.au. You can also visit the City’s Customer Care desk during office hours Monday - Friday, 8.30am - 5pm.