Dividing Fences

A dividing fence is a structure that separates two adjoining properties. It is usually located on the boundary line and can be made from various materials such as timber, metal, bricks, or even vegetation like hedges.

Who pays for a dividing fence?

Generally, neighbours share the cost of building or repairing a dividing fence equally. However, this can vary depending on the circumstances, such as whether one party wants a more expensive fence than what is considered "sufficient."

What is a "sufficient" fence?

A sufficient dividing fence is one that is adequate for the purpose it serves—typically to mark boundaries and provide privacy or security.

What if you can’t agree?

If you and your neighbour can’t agree on fencing work, the first step is to issue a Fencing Notice. This is a formal proposal outlining the work you want done and how you propose to share the costs.

Step-by-Step Guide: Preparing and Serving a Fencing Notice

Fencing Notice

Step 1.Prepare your Fencing Notice

  • Clearly describe the proposed fencing work: location (e.g. on the boundary), materials, height, and length.
  • Include a written quote for the work.
  • State that the notice is issued under the Dividing Fences Act 1991 - Section 11.
  • Include your address and your neighbour’s address.

Step 2.Serve the Notice

  • Deliver it personally or send it by post to your neighbour’s last known residential or business address.
  • If the property is tenanted, you’ll need to find the owner’s contact details.
  • Keep a copy of the notice and record the date it was served.

Step 3.Wait for a response

  • Your neighbour has one month to respond.
  • If there’s no agreement or no response after one month, you may apply for a Fencing Order through the Local Court or NCAT.

Fencing Order

Applying for a Fencing Order

If negotiations fail, you can apply to NCAT or the Local Court for a Fencing Order. This is a legal decision that determines what fencing work should be done and how costs are shared. NCAT can also resolve disputes about the location of the boundary or damage caused by fencing work.

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Legislation

References

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