Fencing

Fences

Dividing fences play an important role in defining property boundaries, privacy and safety between neighbouring properties. Council understands that fencing matters can sometimes be complex, particularly when neighbours disagree about costs, boundary locations or retaining walls.

This page provides general information about dividing fences, boundary disputes and retaining walls in NSW, along with links to helpful resources. Residents should seek independent legal, surveying or engineering advice for matters relating to property boundaries, fencing disputes or retaining walls.

Dividing Fences

A dividing fence is a structure that separates neighbouring properties and is usually located on the common boundary line. Fences can be constructed from a range of materials including timber, metal, masonry, hedges or other suitable structures. Under NSW law, a retaining wall is generally not considered part of a dividing fence unless it is necessary to support and maintain the fence. (Legal Aid NSW)

You may need this information if you:

• want to build, repair or replace a dividing fence
• are discussing fencing costs with your neighbour
• have concerns about where the boundary line is located
• are dealing with a retaining wall issue
• are involved in a fencing dispute.

Talking With Your Neighbour

Most fencing matters can be resolved through early discussion and agreement between neighbours. Before starting work, it is recommended that neighbours discuss:

• the type and location of the fence
• proposed materials and height
• estimated costs
• who will carry out the work
• timing of construction.

Keeping written records of discussions, quotes and agreements can help avoid misunderstandings later.

Fencing Costs and Responsibilities

Under the NSW Dividing Fences Act 1991, neighbours generally share the cost of a “sufficient dividing fence”. What is considered sufficient can depend on factors such as the location, existing fencing, privacy needs and the character of the area. (State Library of New South Wales)

If neighbours cannot agree, a formal fencing notice may be issued and the matter can be referred to the NSW Civil and Administrative Tribunal (NCAT). NCAT may make orders about:

• where the fence is built
• fence height and materials
• how costs are shared
• when work is to occur. (NSW Civil and Administrative Tribunal)

Boundary Disputes

If there is uncertainty or disagreement about the location of the common boundary, it may be necessary to engage a registered surveyor.

In NSW, a boundary notice can be issued where neighbours disagree about the position of a boundary line. Further information about determining property boundaries is available through NSW Land Registry Services and Legal Aid NSW. (Legal Aid NSW)

Retaining Walls

Retaining walls are separate structures designed to support or hold back soil where land levels differ between properties. Responsibility for retaining walls can vary depending on why the wall was constructed and whether it supports a dividing fence. (Legal Aid NSW)

Council approval may be required for some retaining walls, particularly where they exceed certain heights or are located near boundaries or infrastructure.

Property owners should seek professional engineering, surveying or legal advice where retaining wall responsibilities are unclear.

Council Approval Requirements

Some fencing and retaining wall works may require approval depending on:

• fence height and location
• heritage or conservation areas
• swimming pool barrier requirements
• retaining wall size and placement
• local planning controls.

Residents are encouraged to contact Council before commencing works to confirm whether approvals are required.

Helpful Resources

• Legal Aid NSW – Fences and Neighbour Disputes
• Legal Aid NSW – Retaining Walls
• Legal Aid NSW – Boundary Disputes
• NSW Civil and Administrative Tribunal (NCAT) – Dividing Fences

Disclaimer

The information on this page is provided as general guidance only and does not constitute legal advice. Residents should seek independent legal, surveying or engineering advice for matters relating to property boundaries, fencing disputes or retaining walls.