Fences and gates

Fencing behind the front building line can be erected to a height of 1.8 metres without Council approval as long as they comply with the guidelines set out in the State Environmental Planning Policy.

An exception to this rule however does apply to fence structures of pre-cast concrete or masonry in excess of 1.2 metres in height which require approval prior to erection. If your land has frontage to a canal the height of the fence within the canal building line is restricted to 1.2 metres and as these canal building lines can vary in different areas it is suggested that you first contact Council to discuss the setback requirements.

Generally, if a fence proposal does not comply with the State Environmental Planning Policy, it will need development consent from Council. Council's design control requirements for boundary fencing are set out in the Development Control Plan Section A1 Part A(PDF, 5MB). The specific requirements are set out under Ancillary Development No 6.1.

If you have frontage to a canal it will be necessary to comply with the requirements of Design Control C22 of the Development Control Plan Section A1, Part A which has specific requirements in relation to canal setbacks and the maximum heights permitted to ensure that the visual amenity of these areas are maintained.

The cost of a dividing fence includes the cost of all related fencing work, such as preparation of the land, as well as the design, construction, replacement, repair and maintenance of the fence.

Adjoining landowners are liable to share equally the cost of fencing work that will result in a sufficient dividing fence, except that:

• An owner must pay the additional cost if they want a fence of a higher standard than is required for a sufficient dividing fence.
• An owner will have to pay the full cost if the existing fence is damaged, either deliberately or negligently, by the owner or by someone else with the owner's permission. If the fence is damaged by a tenant, the owner must pay for the work even if they plan to claim the cost from the tenant

It should be noted that public authorities, which includes councils that have control over Crown lands, parks, reserves etc, do not have to contribute to fencing costs.

Common trusts are subject to the Dividing Fences Act 1991, and are liable for contributions to fencing.

A sufficient dividing fence is defined as a fence which separates the properties, for example a paling fence in a residential area, or a wire and steel star post fence in a rural area.

If a court or land board needs to decide what is a sufficient dividing fence between adjoining owners, it will consider matters such as any existing dividing fence, the uses of the lands, privacy or other concerns of the owners, the usual kind of fence in the locality, or any relevant local council policy.

If one owner wants a fence of a higher standard than a sufficient dividing fence then that owner is liable to pay the difference in the cost between that fence and a sufficient dividing fence.

If an existing dividing fence is damaged or destroyed by one owner or someone on the owner’s land, that owner is liable to pay up to the whole cost of restoring the dividing fence.

An owner wanting an adjoining owner to contribute to the cost of a dividing fence must first serve a Fencing notice(PDF, 19KB) on that adjoining owner (personally or by post).

Owners are liable to contribute to the cost once agreement is reached. A Community Justice Centre may be able to help if adjoining owners have difficulty reaching agreement.

If an agreement is not reached within 1 month of the Notice being served, either owner may apply to a Local Court or Local Land Board to have the matter decided.

In accordance with the Government Information (Public Access) Act, details of owners of properties are not publicly available.

Council will apply the Public Interest Test in releasing detail of property owners only to adjacent owners for fencing or maintenance of property purposes.

Property owners seeking this information are required to lodge an Informal Information Access Request Form(PDF, 308KB). For further information on releasing information see Access to information.

Neighbourhood fencing issues are a civil matter. Council does not get involved in such matters. lf you are concerned about a fencing matter on a neighbouring property the best way to resolve the issue is to discuss it with your neighbour. Your neighbour may not be aware that there is an issue and, in most cases, will be willing to help you resolve your concerns. You should clearly outline your concerns regarding the fencing issue with your neighbour and propose an option for addressing the issue.

lf talking to your neighbour does not result in an agreeable solution for both parties, please contact one of the below organisations for assistance:

• The Community Justice Centre (CJC). The CJC provides a mediating service to assist you in coming to an agreement with your neighbour. lt is not mandatory for your neighbour to attend the CJC, but most people are willing to discuss the issue with a neutral facilitator to resolve problems and prevent them from escalating any further. Contact 1800 990 777 between 9am and 5pm, Monday to Friday (excluding public holidays) to discuss your situation with the CJC or alternatively visit www.cjc.nsw.gov.au
• The Legal Answers website has a tool kit that has helpful information in regards to neighbourhood issues including fencing disputes. Phone 1300 888 529.

See Law Assist for advice and information