Driven up the wall
Dear Janine,
I have a number of retaining walls around my property, holding up the driveway and supporting a lawn area. These have all sustained damage in the various earthquakes and will cost a lot to replace or fix. I was initially told these walls were not covered as they didn't support the house. I was horrified to discover my insurance company wouldn't cover them either. After a full EQC inspection I found a number of walls would be covered, but only to indemnity value. I have a feeling that not all EQC inspectors know the rules. Can you explain these and tell me how they work out the indemnity value of a wall?
Home owners around New Zealand should be sitting up and taking note of the insurance issues around retaining walls. They might be dull, but they are hellishly expensive items and could be financially crippling to replace at your own expense. Knowing the rules could save you thousands.
It's not just the hillside dwellers of Christchurch who need to get to grips with it. Our Wellington friends also face earthquake risks and nearly every home in the city is propped up by retaining walls.
In normal circumstances, it's generally Humpty Dumpty who needs to be put back together again, not the wall itself. Annoyingly, an egg is a heck of a lot cheaper to replace than a whole wall. I also have a feeling you are correct about the EQC inspectors. Some of the King's men are struggling a little with Section 2(1) of the Act, where the definition of "residential land" is outlined.
The reason I think you might be right is that during my own EQC inspection we were declined cover for most of our walls. I queried it and the inspector went away to check, but it was declined again. They said the walls were not supporting the house and were not part of its foundation. They were supporting patios and were not covered. I now believe this is incorrect, but didn't start investigating the ins and outs, until I had a mailbox of queries like your own. Given we have five substantial retaining walls, I feel like a bit of an egg myself. It pays to know the rules before your inspection rather than try to correct a problem later.
After a careful read of the Act and a bit of back and forth with EQC, there are three types of retaining walls you should know about:
1. Retaining walls which support or protect a building: EQC will cover these walls as long as they are within 60 metres of your home or garage. These walls are not just aesthetic, they are needed to help protect the house. If it's not obvious whether they do or don't "support" or "protect", an engineer needs to be appointed to get a ruling.
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Remember EQC will not cover the surface of your driveway, such as asphalt or concrete surfaces (your insurer should cover this, but check your policy). 3. Retaining walls which do NOT support or protect a building: This is where the most confusion lies

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