Fencing Notice

Fencing Notice

Fencing Notice

A fencing notice is a precise document that presents a proposal for the construction or repair of a partition fence or other work to be performed. Regulations under the Fence Law include a pro forma notice that you can use that will cover all the necessary details for your neighbour.

Do you want to build or update a fence on your property? It is important to remember that there are different regulations for different types of fences.

Do I need a permit?

Before building a fence, it is better to check if permits are needed. There are different requirements and regulations, depending on the location and type of fence. A building permit is required for installing most fences, but not all. You may also need a planning permit in some circumstances.

Boundary fences

This information refers only to the side and rear edges that border different property. Most times, the standard height of a steel fence or a boundary paling is between 1.6 and 1.8 meters. You can build a wooden or steel fence without a building permit if it is:

Up to 1.5 meters from the first three meters from the alignment of the road and two meters above the first three meters from the alignment of the road. If the fence is more than 2 meters high, there are height/length/setback limits.

Front fences

A front fence is described as a fence that is three meters from the edge of the road in front of the task. Separate requirements apply to the corner fences.

A building permit is required if your front fence is:

  • Made of timber or steel frame and is more than 1.5 meters high.
  • Made of brick, stone, masonry, etc. and is more than 1.2 meters high.

Most fences of more than 1.5 meters also require permits. The only exemption is if the fence faces a “declared road,” in which case you need a permit for fences over two meters high. The declared roads are highways or arterial roads according to the Road Management Act of 2004.

Note: fence heights are measured from the road level.

Corner fences

A corner fence is a fence that is less than nine meters from an intersection point of road alignment. Corner fences can only be one meter high. Anything beyond this height requires a building permit.

Pool and spa fences

You always need a building permit for fences or changes in the pool. All fences must also:

  • Have a minimum height of 1.2 meters.
  • Comply with the specific requirements of Australian standard 1926.1-2012 and the national construction code, volume 2.

Other things to remember

  • Gates, rolling doors and screens are included in the fence arrangements
  • Be sure to the fence and protect any excavation during construction
  • Talk to your fencing contractor for more information

Fencing Dispute

The Fence Act of 1968 states that people who share a border must share the costs of installation and maintenance of fences. An exception to this, for instance, is if a party wants a special or higher fence for which additional payments are required.

You should talk to the owner of the neighbouring property before you start building. If you do not have the contact details and wish to provide them with a fencing notice, request the details of the adjacent owner online or complete, sign and date a request for the adjoining owners’ details form.

In case of a dispute about the construction of a new fence or the maintenance of an existing fence, we recommend contacting a solicitor or a community legal centre.

Download a Fencing Notice

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