A dividing fence is a fence that separates the lands of adjoining owners.
Dividing fencing details not requiring approval from a consent authority are outlined in the State Environmental Planning Policy (Exempt and Complying Development). For more details please refer to the following link.
Dividing fencing outside the requirements of the above Policy will need approval from a consent authority.
For more information regarding front fences, contact council's Duty Officer between the hours of 9:00am and 10:30am weekdays on (02) 4429 3111.
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.
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. The owner who seeks a fence of a higher standard is liable to pay the difference in the cost between that fence and a sufficient dividing fence.
An owner wanting an adjoining owner to share in the cost of a dividing fence must first serve a fencing notice on that adjoining owner (personally or by post). Unless urgent fencing is required, no fencing work for which a land owner seeks a contribution from an adjoining owner should be done until agreement is reached or an order is made by the local land board or local court. Owners must share in the cost once agreement is reached.
Before erecting your new dividing fence you should contact Council to check if any specific requirements for fencing heights or construction methods are required.
Property owners are also advised to consult any private covenant that may burden their land with respect to fencing restrictions.
The Land and Property Management Authority (LPMA) is the authority charged with the administration of the Dividing Fences Act 1991.
For further information on dividing fences and dispute resolution, please visit the NCAT NSW Civil & Administrative Tribunal (new window)