Fences and your neighbours

The Dividing Fences Act 1991 puts in place a procedure to carry out fencing works.

What is a dividing fence?

A dividing fence is a structure that separates neighbouring properties. 

It will usually be on the common boundary between the two properties. 

A dividing fence can be made out of many different materials e.g. bricks, metal or wood. 

It does not include a retaining wall, unless the wall is needed to support and maintain the fence.

If you have issues with the dividing fence and want to built, fix or replace it, then you should approach your neighbour about the following:

• who should pay;
• what type of fence should be built;
• where the fence should go; and
• what to do when urgent fencing work is needed.

Ideally, reaching an agreement with your neighbour is the best way forward, however this is not always possible or practical.

What if you can't agree?

There are several options available under the Act including:

• going to mediation;
• sending a Fencing Notice; or  
• applying for a Fencing Order (to the Consumer & Commercial Division of the NSW Civil & Administrative Tribunal (NCAT) or the Local Court of NSW).

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