Guidance notes for residents about private retaining walls adjacent to the highway

Introduction

This guidance is provided for residents who have a maintenance responsibility for a private retaining wall which is within close proximity to the highway. The guidance is designed to clarify the legal obligations of private landowners in relation to their retaining walls and under what circumstances the Council, as the Highway Authority, may step in and take action to ensure the safety of the highway/highway users.

Definitions

Walls to which the Highways Act 1980 applies

Section 167 of the Highways Act applies to any private length of wall which is located wholly or partly within 4 yards (3.6m) of the highway and has, at any point, greater than 4 feet 6 inches (1.35m) level difference between the level of the private land and the level of the highway. Section 167 further defines a retaining wall as not forming part of a permanent building, which serves, or is intended to serve as a support for material on one side only. Note that a private retaining wall could support land above the level of the highway (known as a “retaining wall”) or could support the highway itself above private land (known as a “burr wall”). The requirements of Section 167 do not differ between private retaining walls and private burr walls and therefore, for ease of reference, the general term “retaining wall” shall be used in this guidance.

Highway

The highway is defined as an area of land where the public have a right to pass and repass without let or hindrance. Generally, this would typically include the footway and carriageway but may also include areas such as hard standings, grassed verges, embankments or any other areas which are maintained by the Council as the Highway Authority at public expense.

Private walls not covered by Section167 which may still affect the highway

There may be instances where a private wall is not covered by Section 167 (1) which may still affect the highway. For example, a large wall over 4 yards (3.6m) from the highway which could spill debris onto it should it collapse, or a wall less than 4 feet 6 inches (1.35m) high but immediately adjacent to the highway, these sites will be assessed on a case by case basis but will generally be dealt with in the same manner as walls covered by Section 167 wherever there is a potential hazard to the highway.

Remedial works to private retaining walls

Where a private retaining wall is in such condition that it may pose a hazard to the highway / highway users, it is the responsibility of the adjoining landowner to execute such works to obviate the danger (Section 167 (5)). Minor maintenance such as the replacement of loose and missing bricks and stones or repointing works can generally be undertaken by a competent contractor without prior approval from the Council (see section ‘Permits to Work on the Highway’ below).

For larger scale works, including sections requiring full reconstruction or the construction of a new retaining wall, a technical approval must first be obtained from the Council prior to the commencement of any works.

Technical approval process

Section 167 (2) requires certain works to be approved by the Highway Authority. The technical approval process shall be in accordance with the Design Manual for Road and Bridges (DMRB) and in particular document CG 300 – Technical Approval of Highway Structures. The technical approval process requires the submission of an Approval in Principle (AIP) document as well as any relevant associated drawings and calculations and as such it is strongly recommended that private wall owners commission the services of a suitably qualified and experienced structural engineer to assist them with this process.

For further information of the technical approval process or to check if any proposed works would require approval, please contact the Council’s Structures Unit at [email protected].

When will the Council intervene to maintain the safety of the highway?

The Council has an overall obligation to ensure the ongoing safety of the highway. When a private retaining wall collapses and material is deposited within the highway or if there is an ongoing risk to the highway, the Council will attend the site without prior notice and clear away any collapsed debris and, where necessary, install temporary barriers or other measures as required to make the highway safe on a temporary basis pending the execution of permanent works by the adjoining landowner. This action does not mean that the Council has become responsible for the collapsed wall or for the necessary remedial works to reconstruct it. Furthermore, the Council will likely attempt to recover its associated call-out costs from the adjoining landowner.

Once a site has been made temporarily safe, the Council will then liaise with the adjoining landowner to advise of their maintenance liability for the collapsed wall and request details of their proposed remedial works. If the owner of the wall is unable or unwilling to arrange for any necessary works, the Council may decide to issue a legal notice under Section 167 of the Highways Act 1980. This notice will require the landowner to commence the necessary works within a given period of time and if they fail to do so, it will give the Council the necessary legal cover to step in and undertake the works on the landowner’s behalf and then subsequently recover its associated costs.

Permits to work on the highway

It should be noted that any works within the highway, including if any form of traffic management is required such as (but not limited to) temporary traffic signals, lane closures or footway closures, then a permit is required. Further information on the permit application process can be obtained by contacting the Council’s Network Management Team via [email protected].