Who’s responsible for a retaining wall.

[recoveringbuilder]

Solve a disagreement I’m having with my brother in law- nearby plots we’re watching being developed. X is a house already started and I think at wind and watertight. Next plot is down a slope and they have dug out to level the ground which looks like it’s leaving X in a rather precarious position, there’s no more than 6 feet between the already constructed house and the dug out land for the next house, two separate self builds, I am saying the one that has dug out will need to erect a retaining wall, brother in law says it will be the responsibility of X . I can’t see this being the case as he already had the house erected when the other party started to dig. What are your thoughts?

Edited September 18 by recoveringbuilder
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[joe90]

It’s my opinion that it’s the lower plot that has dug out is responsible for erecting a retaining wall.

[ToughButterCup]

I don't know the answer to the question. But here's what one of our most respected contributors had to say about retaining walls - he had to solve the same problem as yours.....

 

From a very simplistic (and therefore possibly wrong) point of view - if anyone digs in such a way as to possibly compromise the safety of a property that already exists, then it is the responsibility of any builder to preserve what already exists. 

 

Quote

... which looks like it’s leaving X in a rather precarious position, there’s no more than 6 feet between the already constructed house and the dug out land for the next house, two separate self builds ...

 

'...looks like ... isn't '...is...' until you obtain a qualified opinion. We (Buildhub contributors) are neither qualified, nor expert - nor local to you. Please ask for a properly qualified Structural Engineer's report.