Retaining walls are unique to the environment they are placed in. The needs of the retaining wall, and other features that may be required, are treated on a case-by-case basis.
In this blog, we will explore why barriers and bollards are sometimes needed near retaining walls.
At PPC Concrete Products, we are here to provide solutions for your construction needs, from the person working their own part-time project, to commercial clients, and everyone in-between.
Are there laws that ensure bollards and barriers at retaining walls?
There are legal requirements that can mandate the installation of barriers, fences or bollards by a retaining wall, but can vary and sometimes. This depends on the retaining wall’s location and height.
Here’s a breakdown of the key legislation and guidance:
1. The Highways Act 1980
This is a critical piece of legislation that governs structures near public roads and paths.
- Section 167 of the Highways Act states that if a retaining wall is:
- Wholly or partly within 3.66 metres (4 yards) of a public street.
- And is at any point a greater height than 1.35 metres (4 feet 6 inches) above the ground level at the street boundary.
Then the owner of that wall has a legal obligation to ensure its safety and prevent it from being a danger to highway users.
While it doesn’t explicitly state that “you must install a barrier,” the “duty to prevent danger” is often met by installing a safety barrier, fence, or bollards on top of the wall. If a wall in this category is in a dangerous condition, the local authority has the power to serve a notice on the landowner to carry out remedial works.
2. Building regulations and planning permission
While minor garden walls may not require building regulations approval, a retaining wall is different. If a retaining wall is more than 1 metre high (or 2 metres if not next to a highway or path), or if it is supporting the foundations of a building, it will almost certainly require building regulations approval.
This approval process ensures the wall is structurally sound and safe. A key part of this will be ensuring there is adequate fall protection, which often means a barrier etc.
3. Occupiers’ Liability Acts 1957 & 1984
These acts establish the “duty of care” that landowners owe to people on their property, including visitors and trespassers.
A landowner has a duty to take reasonable care to ensure visitors are reasonably safe when using the premises. A retaining wall with a sheer drop-off is a clear hazard, and a barrier is a standard way to meet this duty and prevent a fall.
Even for trespassers, a landowner still has a limited duty of care to ensure they are not injured by known dangers on the property. An unguarded drop from a retaining wall could be seen as a dangerous feature, and the installation of a barrier or clear warning signs is a way to mitigate this risk.
What are the repercussions of ignoring these laws?
- The local council can issue a compliance notice or a stop notice to the property owner, demanding that the non-compliant work be remedied within a specific timeframe.
- Under the Building Act 1984, a local authority can issue a Section 36 notice, requiring the owner to pull down or remove an unsafe wall built without the necessary approval. This notice can be issued up to 10 years after the work was completed.
- Failing to comply with building regulations is a criminal offence. The local authority can prosecute the responsible person (the builder or the landowner) in court, which can result in an unlimited fine or even imprisonment in serious or persistent cases.
- If you fail to comply with an enforcement notice, the local council has the power to carry out the necessary remedial work themselves. They will then recover all costs from you, which can be significantly more expensive than hiring your own contractor.
- If a person is injured or property is damaged due to your non-compliant retaining wall, you can be sued in civil court under the Occupiers’ Liability Acts. This means you could be held liable for all costs and damages.
- An unsafe or non-compliant retaining wall can significantly devalue your property. A building survey will identify the issue, and potential buyers may withdraw their offer or demand that you fix the wall at your own expense before the sale can proceed.
- Standard home insurance policies may be voided if a claim is a direct result of work that was carried out illegally and in breach of safety regulations. Your insurer could refuse to pay for any damage to the wall or to a neighbour’s property if it’s found that the wall’s failure was due to non-compliance.
Does every retaining wall need barriers or bollards next to them?
No, barriers and bollards are not required for every single retaining wall that is created, however, in certain situations, they provide a specific purpose, which depends on the environment the retaining wall is in. Here is a deeper look:
1. Safety reasons
The safety and wellbeing of people who will be around the retaining wall is a critical factor, especially if the retaining wall is set up in a public area.
If the top of a retaining wall is in an area with pedestrian traffic (like a pavement, a park etc), a barrier or fence is required to prevent people from accidentally falling over the edge.
In urban or public spaces, barriers and bollards can serve as visual guides, clearly defining a safe walking path and alerting people to the presence of the drop-off from the top of the retaining wall.
2. Guiding vehicles
Retaining walls located near roads, parking bays, or driveways are particularly vulnerable to vehicle-related damage. Especially if there is a lack of signage.
Bollards can be installed at the top of a wall to physically block vehicles. They act as a deterrent and a first line of defence, preventing a vehicle from accidentally driving over the edge of the wall or colliding with it.
Impact from a vehicle can compromise the structural integrity of a retaining wall, leading to cracking, shifting, or even a catastrophic failure. Bollards absorb the force of an impact, protecting the more expensive and critical wall structure behind them, sometimes entirely.
In some cases, bollards can be used to narrow a roadway or create a visual illusion of a narrower space, which encourages drivers to slow down and drive more cautiously. This is helpful on roads that are around retaining walls.
3. Security and access
Bollards and barriers can also be used as a security measure to prevent unauthorised access. They can be placed to block the entrance to a private or restricted area that is supported by a retaining wall, preventing vehicles from entering.
In commercial settings, heavy-duty bollards can be installed to protect a business or building that is located behind a retaining wall from “smash and grab” burglaries.
Retaining walls for many environments
Working through the North West’s unpredictable weather? Choose PPC Concrete Products for retaining walls that keep your project moving—rain or shine.
As an established supplier all over the UK, PPC Concrete Products is always happy to help, which is why we encourage you to get in touch with any questions you may have or have a look at our FAQ.
In this blog, we hope to have answered why barriers and bollards are sometimes needed near retaining walls. Whilst also providing extra information in regard to construction solutions that we offer.
Take a read of our case studies to truly understand how we have provided solutions for business in the past with the use of our interlocking concrete blocks, and ultimately, how we can help you today.
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Email: info@ppcconcreteproducts.co.uk
