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The Borough of Dudley has many miles of identified retaining wall whose purpose is to support the Highway network. There are also many miles of retaining walls to which the ownership is unclear and, in these cases, each wall needs to be checked individually.
Responsibility for the retaining wall depends on who built it and for what purpose. Unless modern records are available to indicate definite responsibility, it is necessary to determine for whose enjoyment or benefit the wall was built.
Generally, the walls and fences that surround property and fields are erected and maintained by the land owner. They are erected to provide security, privacy and to mark boundaries between different landowners.
Retaining walls supporting the highway: The Council, as the local highway authority, is usually liable to maintain the walls which are beneath the level of the highway and are necessary to support the highway, as part of its general duty to keep the highway in good repair. The usual exemption would be where a wall has been built for the benefit of the adjoining landowners. However, if a highway can be supported by stable side slope within the width of the wall’s structure then the wall is redundant as a retaining wall; it is simply a boundary wall and thus the liability of the adjacent landowner.
Walls retaining land above the highway: These walls are normally the responsibility of the adjoining landowner.
Boundary Walls: Responsibility for keeping these in good order normally resides with the adjoining landowner.
Parapet Walls (Edge Protection) on Bridges: These walls invariably form part of the bridge or wall that supports them, so responsibility lies with the owner of the rest of the structure.
If you have any concerns regarding a retaining wall, please contact us using the details below.
Please provide the following information:
If there is any other problem with your road or pavement, please use one of the forms below to report the problem.
We will assess the severity and assign an inspector. We will make the site safe and respond in accordance with the inspector’s recommendations.
If we are not responsible for this structure we will pass the report to the appropriate owner.