Darwin Retaining Walls: Does Yours Need Building Approval?

Key Takeaways

  • It usually comes down to three things: how tall the wall is, what's sitting above it and how close it is to other structures. A low wall holding back ordinary garden soil, well clear of buildings and boundaries, may not need a building permit; make it taller or put a driveway behind it and you'll probably need one.
  • Keep an eye out for surcharge. Any extra load behind the wall, such as a driveway, shed, pool or built-up fill pad, puts the wall in a different category.
  • In the NT, the Building Act 1993, the Building Regulations and the NT Planning Scheme may all come into play. The details are specific and get updated, so talk to a registered building certifier before work starts.
  • Permits aside, good drainage and proper design are what keep a wall upright. Water brings down far more walls than paperwork ever does.

Whether you need approval generally depends on how tall the wall is, whether there's any load on the ground behind it, and how close it sits to buildings, boundaries and other walls. A low wall around a garden bed might not need a building permit. Put a driveway along the top of that same wall, though, and it's a different story, because the vehicles add pressure the wall has to be engineered to resist.

In the Northern Territory, building work is governed by the Building Act 1993 and the Building Regulations. Building permits come from registered building certifiers working in private practice, and land use and development are dealt with separately under the NT Planning Scheme. Builders doing permit work usually need to be registered with the NT Building Practitioners Board. The rules have conditions attached and are updated over time, so use this guide as a general starting point to gauge whether your project is likely to need a permit. For a firm answer on your own wall, speak to a registered building certifier.

When a permit is likely

If any of the following sounds like your wall, plan on talking to a certifier and an engineer, and you may well need a building permit.

  • It's bigger than a low garden wall: height is generally measured including the soil behind it, so your wall may count as taller than it looks.
  • There's a load above it: such as a driveway, house, pool, carport, shed or built-up fill pad.
  • It's near a building, a boundary or another retaining wall, or it forms part of a pool fence.
  • Your land has a planning or hazard issue, such as flooding, storm surge or a drainage easement, or the wall would push stormwater onto your neighbour's block.

These factors often overlap, so a wall that looks obviously exempt can end up needing approval. Terraced walls catch a lot of people out: two short walls built close together may be assessed as one tall wall, however low each one is.

When you may not need one

The minor-work exemptions are designed for small, simple walls.

  • Short walls retaining only garden soil, with no load in the area that bears on the wall.
  • A good distance from buildings, boundaries and other retaining walls, and not part of a pool fence.
  • In line with planning and council rules: even exempt work may need to comply with the NT Planning Scheme, easements and council stormwater requirements.

Exempt doesn't mean it can be built any old way. Nobody will be checking the work, so quality workmanship matters even more.

What is surcharge?

This is the term we're asked about most often, and it's usually the reason a straightforward wall ends up needing an engineer.

Put simply, surcharge is any load on the ground behind your wall other than the soil itself. In Darwin it's most often a driveway. The land here is largely flat, but level changes are everywhere: a carport or house pad built up on fill in Zuccoli or Johnston, a driveway next to a raised garden bed in the northern suburbs, or a cliff-top property in Nightcliff or Fannie Bay. Vehicles are heavy and always coming and going, and that load presses down into the soil behind the wall. Walls with surcharge generally need an engineer's design to AS 4678, and our retaining walls crew builds to that design.

A quick guide to common situations

Use this table as a first check, then confirm the specifics with a registered building certifier.

Your situationWill you probably need a permit?
Higher than a low garden wallProbably, with an engineer and building certifier involved
Any height, with a driveway, structure or fill pad behind itProbably, with an engineer and building certifier involved
Near a building, boundary or another wall, or part of a pool fenceProbably; check with a certifier
Land subject to flooding, storm surge or an easementPossibly; check with a certifier and your local council
Part of a bigger job that already has a building permitMay already be covered; ask your certifier
Low wall, garden soil only, no surcharge, well away from buildings and wallsMay be exempt; check every condition with a certifier

What skipping a permit can cost you

The consequences usually arrive years down the track, which is why skipping the permit can seem tempting and why it's a bad idea. A building and pest inspector or a buyer's conveyancer may flag the wall, and getting it certified retrospectively can mean uncovering completed work or rebuilding it entirely. That's not something you want to deal with while you're trying to settle a sale.

Get the drainage right, whatever the paperwork

If you remember one thing from this guide, make it this. Most retaining walls fail because of water, and a Darwin wet season, particularly on clayey or slow-draining soil, will expose any shortcut.

How we build walls that last

Saturated soil weighs a great deal more than dry soil and pushes on the wall with hydrostatic pressure it wasn't built for. With nowhere to drain, that pressure builds until the wall leans, bulges or cracks, and a monsoon downpour can soak the ground in a few hours. Weep holes, an ag pipe along the base, geotextile fabric and clean drainage gravel behind the wall stop that happening, and they're cheap compared with a rebuild. We put them into every wall we build, whether it's inspected or not, and we work with your engineer and certifier when a permit is needed. Before any digging, our excavation team also lodges a Before You Dig Australia request to locate underground services.

FAQ

Frequently Asked Questions

It depends on your wall. Building work in the Territory falls under the Building Act 1993 and the Building Regulations, and some minor work, which may include low walls retaining only garden soil, can be exempt from a building permit. Those exemptions come with conditions about things like height, what's above the wall and how near it is to buildings, boundaries and other walls, and they're updated from time to time, so we don't give exact numbers here. A taller wall, one carrying a load, or one close to a building will generally need a permit from a registered building certifier. Planning under the NT Planning Scheme is a separate question, so check with a certifier before anything gets built.

Surcharge is any extra weight on the ground behind a wall, on top of the soil it's holding back. A driveway above the wall counts, because vehicles add weight. So do a house, garage, pool, shed or a built-up fill pad, which we see a lot in Darwin where house pads and carports are raised above the natural ground. If that load sits within the area that bears on the wall, it will generally rule out a minor-work exemption and changes what the wall has to be designed for.

Often it doesn't. A low wall retaining garden soil, with nothing heavy above it and well away from buildings, boundaries and other retaining walls, may come under the minor-work exemptions. The details count, though. Height is generally measured to include the soil being retained, and terraced walls built close together can be treated as a single taller wall. Even exempt work might still need to meet the NT Planning Scheme and council rules on drainage and easements, so check with a registered building certifier first.

The problems tend to surface when you sell. A building and pest inspection or the buyer's conveyancer may pick up unpermitted structural work, and having it certified afterwards can mean opening up finished work for inspection, or even demolishing and rebuilding it. Insurance claims can get more complicated, and if an unpermitted wall falls onto your neighbour's property, you're on the back foot.

In most cases, start with a registered building certifier, because in the NT building permits are issued by private certifiers. They can tell you whether your wall needs a permit and what you'll need to provide, which may include an engineer's design to AS 4678. Your local council (City of Darwin, City of Palmerston or Litchfield Council) handles things like driveway crossovers, stormwater and easements, while planning matters come under the NT Planning Scheme and the Development Consent Authority. Check that your builder is registered with the NT Building Practitioners Board where the work calls for it. And before anyone digs, lodge a request with Before You Dig Australia (BYDA) so underground pipes and cables get located.

Got a concrete job in Darwin?

Talk to our local team and we'll give you a free, no-obligation quote.

Get in touch →