Fences

Fences are considered a joint asset between neighbours and even though there is no general law requiring a fence; most people simply agree to have one. The courts generally consider it reasonable to have a fence and to keep it in good condition.

Adjoining Council Property

We can contribute to the cost of a fence if the property adjoins a Council Reserve having an area less than 1 Hectare (10,000sq metres) however The Fences Act does provide some exemptions. For any clarification regarding exemptions, please contact us. When we can contribute towards fencing costs, the owner of the property should serve notice on Council in accordance with the Fences Act. Copies of the relevant form(s) are contained in the "Fences and the Law" booklet or our offices. Once we have confirmed our contribution towards fencing costs, we will then notify the property owner in writing.

Between neighbours

As fences are generally regarded as a joint asset between neighbours, even if your neighbour has not paid for the fence they are still considered a joint owner. This is because a fence on the boundary is legally considered to be part of the land on each side.

If you intend to remove or alter an existing fence, you should have your neighbour's permission or a court order. If you want to put up a fence where there has not been one before, your neighbour has a right to object. It makes no difference if you intend to pay the total cost. It is therefore sensible to talk to your neighbour first.

Please refer to the Fences and the Law booklet to understand your rights and the procedure to follow when approaching your neighbour. The Fences Act does not regulate fencing work.

Extension of fences for privacy

Before commencing any work on your fence to extend height or otherwise for privacy purposes with lattice or other building materials you should consider discussing with our Building Department first.

Front fences

Any fence erected in the Golden Grove Development Area cannot be done so without Development Approval. However, in other areas of the City, front fencing may be erected in particular circumstances without this being needed.

Delfin Development Area (Golden Grove/Greenwith/Wynn Vale) residents are also advised to check encumbrance guidelines with the Land Management Corporation.