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Code Requirements for Retaining Wall Drainage

Is this retaining wall a common wall, if so, who pays for the repairs when if fails?

Most retaining walls here have drain tile in the design with gravel coverage.
I had the same question. I asked the Building Department if a joint wall agreement was put in place. I was told there was not such an agreement and that the wall is just on my side of the property line. I also asked about a drainage easement because I am sure my builder will send water from my roof drain to the neighbor's property which I am not sure is legal.

This brings up even more questions as to how I am supposed to maintain the wall if there is ever an issue since I can't go on the neighbor's property and the fence on top of the wall is technically mine but I do not need it. The neighbor needs it for their fall protection.
 
My builder requested an interpretation on IRC section 405.1 on the need for a foundation drain next to the stem wall that leaked into the house. The international code council came back and said that the drain is needed.

I am still working on my retaining wall issue. I have received a copy of the retaining wall structural calculations, and it does not look like they included saturated soil conditions due to the drainage that is routed behind the wall, or the metal fence that was placed on top of the wall that will act like a sail in high winds..
 
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