Fences & Gates

It is always best to assume you need some form of approval until you can prove that you don't.

Start by confirming what zone your property is. You can find this by using the NSW Planning Portal's Spatial Viewer.

88B Instruments

Some properties have restrictions on the type of fencing allowed, which is outlined in an '88B instrument'. A Section 88B instrument is a document outlining what you can and can't do on a property. It also explains how certain agreements like easements (e.g. an agreement to allow someone to use someone else's land for a pathway) and positive covenants (a promise or obligation to maintain a property in a certain way), are made according to Conveyancing Act 1919 pt 6 div 4 s 88B - Creation and release of easements, profits à prendre and restrictions on use of land by plans.

These rules become part of the property when it is sold, and the owner of the property is obligated to follow them. It's a good idea to check if there is an 88B instrument for the property before making changes.

88B instruments are owned by NSW Land Registry Services. If you want to obtain a copy of your 88B instrument, the LRS have a list of authorised information brokers, who will be able to assist you.

Do I need approval?

Certain minor building renovations or works are categorised as 'exempt development', meaning they do not require planning approval.

All exempt developments must still meet the National Construction Code (NCC) as well as the requirements for adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licenses, permits and authorities.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (referred to as the 'Codes SEPP') contains requirements that must be met to satisfy exempt development criteria:

Fences in residential zones

As indicated in Codes SEPP pt 2 div 1 sub-div 17 - Fences (certain residential zones and Zone RU5), fences can be installed on land within zones R1, R2, R3, R4 or RU5 without consent from council provided the fences are not installed:

  • on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item
  • along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area
  • on a flood control lot
  • on land that is identified as being in a foreshore area

Additionally, the installation of a fence can be exempt from requiring consent from council if the following controls are considered:

  • the height of the fence does not exceed 1.8m from the ground
  • if made from masonry, the maximum height is 1.2m from the ground
  • if located on bushfire-prone land, be constructed from non-combustible materials
  • if it is constructed of metal components, be of low reflective, factory pre-coloured materials
  • not be an electrical fence or use barbed wire

Fences for swimming pools

Fences that form a barrier to a swimming pool can be installed without council permission, provided they are compliant with the standards outlined in the Swimming Pools Act 1992, as indicated in the Codes SEPP pt 2 div 1 sub-div 17A - Fences for swimming pools (certain residential zones and Zone RU5).

Fences for rural and environmental zones

As indicated in Codes SEPP pt 2 div 1 sub-div 18 - Fences (certain rural zones, environment protection zones and Zone R5), the construction or installation of a fence on land within zone RU1, RU2, RU3, RU4 or RU6, an environment protection zone or zone R5 is development specified for this code if it is not constructed or installed on:

  • on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item
  • along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area

Additionally, the installation of a fence can be exempt from requiring consent from council if the following controls are considered:

  • the height of the fence does not exceed 1.8m from the ground
  • not include any masonry construction that extends more than 3m from either side of the entrance to the property from the primary road
  • must be constructed using post and wire and rail
  • any gates must not open outwards
  • if located on bushfire-prone land, be constructed from non-combustible materials or hardwood
  • if it is constructed of metal components, be of low reflective, factory pre-coloured materials
  • if it is constructed or installed on a flood control lot—not redirect or interrupt the flow of surface or groundwater on that lot

Fences in business and industrial zones

As indicated in Codes SEPP pt 2 div 1 sub-div 19 - Fences (business and industrial zones), the construction or installation of a fence on land within a business or industrial zone is development specified for this code if it is not constructed or installed:

  • on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item
  • along the boundary of, or within the setback area of, a primary or secondary road within a business zone
  • on a flood control lot
  • on land that is identified as being in a foreshore area

Additionally, the installation of a fence can be exempt from requiring consent from council if the following controls are considered:

  • the height of the fence does not exceed 3m from the ground
  • if made from masonry, the maximum height of the fence is 1.2m from the ground
  • any gates must not open outwards
  • if the fence is located on bush fire prone land—be constructed of non-combustible materials or hardwood
  • if the fence is constructed of metal components—be of low reflective, factory pre-coloured materials
  • the fence must not be an electrical fence or use barbed wire

The NSW Government has more information on exempt development on the NSW Planning Portal.

If the proposal doesn't qualify as exempt development, you may be able to apply through 'complying development' or a 'Development Application' (DA) – see below for more information.

Do I qualify for a complying development certificate?

A complying development certificate can be issued by council or a private certifier without the need for a full development application, providing the application meets very specific criteria.

Complying development cannot be undertaken on all land. To determine if your property meets the land-based requirements you can apply to Council for a Section 10.7 Planning Certificate.

Complying development rules are set out by Codes SEPP pt 1 div 2 s 1.17 - What development is complying development?.

All complying development must still meet the National Construction Code (NCC) as well as the requirements for adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licenses, permits and authorities.

There are general requirements listed under Codes SEPP pt 1 - General that apply to all complying development and in addition, each type of development must also meet certain 'development standards' to be complying.

As indicated in Codes SEPP pt 3 div 4 sub-div 4 - Built form development standards for swimming pools, fences and child-resistant barriers, a complying development certificate may be issued if the proposal meets all of the relevant standards:

  • fences cannot be installed on a lot, or along a common boundary of a lot that contains a heritage item or a draft heritage item
  • along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area

Additionally, the installation of a fence can be approved with a complying development certificate if the following standards are met:

  • if installed behind the building line, the height of the fence must not exceed 1.8m from the ground
  • if installed in front of the building line the height of the fence must not exceed 1.2m from the ground
  • the fences must not incorporate barbed wire in its construction or be electrified
  • be designed so as not to restrict the flow of any floodwater
  • any gates must not open outwards

The NSW Government has more information on complying development on the NSW Planning Portal.

If the proposed development does not meet the above conditions for an exempt or complying development, you will need to seek approval by lodging a Development Application (DA).

I need a DA. What do I do?

The steps below will guide you through the process of applying for a DA.

What documents do I need?

Before you can begin the application process, there are a number of documents you will need to prepare. Some of these documents may take time to obtain or complete, so make sure you plan ahead when preparing to lodge an application.

Click on the title of each document below to learn more about what they involve, and how to prepare each of them for your application.

Please note: These are the minimum required documents for lodgement. Site constraints such as bushfire, flood, coastal erosion, heritage, etc. will require additional documentation to be supplied.

Estimated development cost

Cost estimations forecast the resources and associated costs needed to execute a development. These reports must explain the methodology used to calculate the estimate.

The value of works estimate must include the value of costs such as labour (i.e. specialist tradespeople) as well as the value of materials and fixtures to be used, as opposed to what the developer is paying for them.

For example, if labour is being provided “for free”, that labour still has a value which must be accurately included in the estimate of the value of works.

For development with a value of $0 to $150,000, a cost summary report may be prepared by the applicant or a suitably qualified person.

For development with a value of greater than $150,000 to $3 million, a cost summary report may be prepared by a suitably qualified person.

For development with a value of greater than $3 million, a detailed cost report is to be prepared by a registered quantity surveyor.

Download and complete the estimated development cost form

Owners consent

To lodge a Development Application (DA), you must obtain consent of the landowner, which includes the signature of every landowner.

If the owner is a company or owner's corporation, the application must be signed by a person under the common seal.

If your property is a strata unit and you are proposing development beyond your entitlement, you will need to get the approval of the owner's corporation.

If you have recently purchased the property, Council may not have received formal notice of the sale, and the former owner will be the listed on Council's records. You will need to provide Council with a copy of the transfer of sale or a letter from your solicitor advising ownership has changed.

Download and complete the owners consent form

Statement of environmental effects

The statement of environmental effects is a report that details and explains the likely impacts of the proposed development both during and after the development, and the proposed measures that will mitigate these impacts.

It also includes a detailed assessment of the proposed development having regard to all policies and planning controls that apply to the land or type of development.

The statement includes written information about proposal and any other factor of your proposal that cannot be readily shown by your plans. A high-quality statement of environmental effects is an important component to a development application.

A statement of environmental effects details the likely impacts of the proposal, and the proposed measures that will mitigate these impacts. It is a written statement about the proposal that supports your plans and drawings.

For applications that do not propose any work, such as change of use applications, a statement of environmental effects is still required. The statement must outline how the use is permissible and complies with the planning polices but also how the use will operate if consent is granted, e.g. number of staff, hours of operation, vehicular access and loading and waste management.

Please note: If a development is seeking a departure from acceptable solutions listed within the Shoalhaven Development Control Plan (DCP) 2014, a variation statement is required in accordance with Chapter 1 of the DCP.

Waste management plan

This plan will detail waste management and minimisation activities to be carried out during demolition, construction and operation of the premises/development.

This plan will need to:

  • specify waste by type and volume and nominate reuse and recycling potential
  • nominate siting of waste storage and recycling facilities for demolition, construction and final use
  • detail how and where residual wastes will be disposed of, and
  • explain how ongoing waste management of the site will operate.
Download and complete the waste management plan form

Site plan

A plan of the site to provide the context of the proposed development.

The plan must show the exact location of buildings and other features on the site, at the same scale as the plans and elevations.

The plan must include the following details:

  • north point (true north)
  • scale (show ratio and bar scale), lot dimensions and areas
  • date, plan number, amendment number
  • position of all existing structures, contours and spot levels
  • position of structures, including trees on adjoining land (including the street and adjoining parks or open space), especially window locations in adjoining buildings with top and bottom of sill heights
  • position of existing trees on both the site and adjoining sites (including the street and adjoining parks or open space), and reduced level at the base of such trees, and their height and canopy spread
  • the location and levels of any solar panels on adjoining lots

Please ensure that your document includes the following before uploading:

  • the location, boundary dimensions, site area and north point of the land
  • existing vegetation and trees on the land
  • the location and uses of existing buildings on the land
  • existing levels of the land in relation to buildings and roads
  • the location and uses of buildings on sites adjoining the land

Survey plan

This plan should be prepared by a registered surveyor and show the current location of existing buildings and other features on the site. The plan should include the following details:

  • name of the registered surveyor who prepared the plans
  • boundary dimensions
  • site area
  • location of existing buildings, structures, and site features
  • topography (plans to accurately plot existing and proposed spot levels to Australian Height Datum (AHD) to all corners of the site, and contours at 0.5 m intervals including that of adjoining properties where relevant)
  • natural drainage of site
  • all easements and rights of way (if any)
  • significant and native vegetation (indicating location, height spread, and species)
  • location, height, and use of any adjoining buildings or structures, such as swimming pools
  • street features (immediately adjoining the property such as kerbs, crossings, pits, significant trees, telegraph poles, etc.)

Elevation plan

Plans which detail:

  • an elevation of each side of the development, the locations of all doors and windows, existing and finished ground levels (to Australian Height Datum), and eave and ridge levels and roof pitches. Cardinal directions for each elevation
  • existing ground level line indicated
  • maximum height measurement (measured from existing ground level)
  • maximum depth of proposed cut/fill (measured from existing ground level)
  • any services located on the roof of the proposed buildings
  • any air conditioning services or gas systems located on balconies or external walls
  • retaining wall elevation plan (indicating maximum height)

Biodiversity values threshold report

A report which assesses the biodiversity impacts of the development in accordance with the Biodiversity Assessment Method (BAM), or exceeds area clearing threshold, or the impact is considered significant after application of the 'test of significance' (a five (5) part test).

Prescribed impacts (Section 6.1 Biodiversity Conservation Regulation 2017), including the removal of non-native vegetation on the biodiversity values map, will trigger the Biodiversity Offset Scheme (BOS) and require a Biodiversity Development Assessment Report (BDAR).

The report must be prepared by an accredited assessor.

For more information, please see the Shoalhaven Development Control Plan 2014 - Chapter G5: Biodiversity Impact Assessment.

In the case of state significant development or infrastructure (SSD or SSI), the Biodiversity Conservation Act 2016 requires that an SSD or SSI application must be accompanied by a BDAR unless the Planning Agency Head and the Environment Agency Head determine that the proposed development is not likely to have any significant impact on biodiversity values, known as a BDAR waiver.

Biodiversity development assessment report waiver - NSW Government

How to lodge your DA

Step 1.Register for an NSW Planning Portal account to start your application.

Step 2.Log in to complete the online application form.

Step 3.Upload your documentation when prompted.

What happens next

Once the application is submitted, Council will be notified to conduct a review. Additional documentation may be required prior to lodgement of the application.

A development application will progress to the 'lodgement' stage when the relevant fees are paid.

Further information may be requested post lodgement and/or during the detailed assessment phase, to help assess the application in accordance with the requirements of Section 4.15 of the Environmental Planning and Assessment Act 1979.

Need more help?

Your guide to the DA process

The NSW Government has developed a step by step breakdown of the DA process, from pre-lodgement (preparing your documents) to organising construction, to obtaining the final occupation certificate (the last step in the formal DA and construction process).

Your guide to the DA process - NSW Planning Portal

Duty planner enquiries

For Duty enquiries please phone 1300 293 111.

Can my neighbour make me pay for construction of a dividing fence?

The Dividing Fences Act 1991 addresses how the cost of a dividing fence is shared between owners. Council does not play a role in resolving fencing disputes, as fencing disputes in NSW are handled by the NSW Civil and Administrative Tribunal (NCAT).

To learn more about your rights and obligations, the independent government agency Legal Aid NSW has developed a guide on resolving fencing concerns with your neighbours. Legal Aid NSW also provides information on how to seek mediation services and solicitors that can help you navigate a fencing dispute.

The NSW Department of Communities and Justice operates community justice centres, which offer free mediation services that can help resolve a dispute without needing to go to court or to the NCAT.

Related Information

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