Can I arrange urgent repairs to a leaking retaining wall without waiting for approval?
In this month’s Strata Q&A, we received a question from Tania K, an owner based in NSW, regarding what to do about a leaking retaining wall that runs along the boundary fence of the property. Can she make urgent repairs to prevent further flooding damage to her backyard or does she need to wait for approval?
Q. Can I arrange urgent repairs to a leaking retaining wall without waiting for approval?
There is a retaining wall along the boundary fence that is leaking badly, causing flooding in my backyard and even into my property. The wall now looks structurally unsafe and could collapse. I’m unsure from the strata plan whether this wall is my responsibility or common property. The strata manager has not confirmed this despite my earlier requests.
How can I find out who is responsible, and can I arrange urgent repairs without waiting for approval?
A. Who fixes a retaining wall in a strata scheme depends on whether it’s part of your lot or common property. If the wall poses an immediate risk to safety or is likely to cause property damage, emergency work can be carried out to make the area safe.
Who fixes a retaining wall in a strata scheme depends on whether it’s part of your lot or common property. In most cases, if the wall runs along a boundary and supports or protects common property—like shared land, gardens, or fences—it will be the owners corporation’s responsibility. The strata plan is the key document that shows lot boundaries, so if the wall sits outside your lot or supports common property, it’s not yours to repair.
If the wall is common property and is structurally unsafe, Section 106 of the Act requires the owners corporation to repair or replace it. To be sure of who is responsible, you can ask your strata manager or committee for a clear answer based on the strata plan. You can also make a formal records inspection request under section 182 to review the strata plan yourself, or get independent advice from a surveyor or strata lawyer if it’s still unclear.
If the wall poses an immediate risk to safety or is likely to cause property damage, emergency work can be carried out to make the area safe. This might include temporary supports, drainage, or other protective measures. Major replacement works, however, can only be approved and organised by the owners corporation if the wall is common property. If you do need to step in for urgent safety reasons, you can later seek reimbursement from the owners corporation once responsibility is confirmed.
In practice, the best step is to put your concerns in writing to the strata manager and committee, explaining clearly why the wall is unsafe and needs urgent attention. Include photos and dates to show the problem. Ask that the matter be treated as urgent and that a decision be made quickly, either through an extraordinary meeting or an out-of-session vote. If the owners corporation fails to act, you can escalate the issue to NCAT for an enforceable order.
In short, if the retaining wall supports common property or runs along a shared boundary, it’s usually the owners corporation’s job to fix it. They have a legal duty to repair or replace an unsafe wall, though you can take limited emergency steps to make the area safe if immediate danger exists.
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