Retaining Walls & Schedule 1: A Common Consent Mistake You Can Avoid

Did you know that not all retaining walls under 1.5m are exempt from needing a building consent? Many architects, builders, and developers assume that if a retaining wall is under this height, it automatically falls under Schedule 1 of the Building Act. But that’s not always the case—and misunderstanding this can lead to unnecessary RFIs and delays in your consent process.

🔍 Here’s what you need to know to avoid issues:

✅ If your wall qualifies as Schedule 1, don’t include it in your consent plans.
It might sound counterintuitive, but if you submit plans showing a Schedule 1 retaining wall, it will be assessed with the consent. This often leads to RFIs, adding time and cost you don’t need.

🚧 Boundary walls? They’re rarely Schedule 1.
A retaining wall supporting a boundary is almost always affected by surcharge loads (like a fence, driveway, or nearby structure). This means it doesn’t qualify for exemption under Schedule 1 and does require consent.

⚠️ Some councils apply a surcharge—even when nothing is above the wall.
Even if your boundary retaining wall has no obvious load above it, some councils have guidelines requiring a nominal surcharge to be applied regardless. Since Schedule 1 does not allow for any surcharge, this alone can immediately disqualify a wall from exemption—so it’s crucial to check local council requirements before assuming your wall is consent-free.

🏡 Urban vs. Rural Walls: Different Rules Apply

• In urban areas, Schedule 1 only applies if the wall is ≤1.5m high and not supporting a surcharge.

• In rural areas, you can go up to 3m high before a consent is needed—but only if the wall isn’t near a building or driveway.

Why does this matter?
Getting this wrong can lead to unnecessary RFIs, project delays, and even compliance issues down the road. If you're unsure whether your retaining wall needs consent, our team of experts can help you navigate the rules and streamline your next project.

📩 Got questions? Let’s chat! Send us a message, comment below or give us a call to discuss your upcoming projects.