Who pays for a boundary fence?

The two neighbours usually share it. Every state and territory has its own fencing law, and each says, in its own words, that owners on either side of a dividing fence share the cost of a fence good enough for the area, usually half each. One owner who wants a taller, dearer or fancier fence pays the difference, and an owner who damages the fence pays to fix it.

What counts as a dividing fence?

A fence on the common boundary between two private lots. The sharing rules generally do not cover a fence along the street, a fence between a lot and public land such as a park or a road, or a pool fence. A retaining wall under the fence is usually left out too, and its cost generally follows the owner who changed the ground.

How do I ask my fence neighbour to share?

Talk first. Most fences are agreed over the back fence and never reach a form. If you cannot agree, the fencing law in your state generally needs a written notice to the neighbour that sets out the fence you propose, where it goes, what it will cost and how the cost is split, often with a quote. The neighbour then has a set time to answer. Building first and asking later can leave you paying alone, so give notice before the work starts.

What if we cannot agree on a dividing fence?

Most states offer a mediation service for neighbour disputes, and it is worth trying before anything formal. Where that fails, the tribunal or court that hears fencing matters in your state can decide what fence is needed, where it goes and how the cost is split.

Does the fence need approval?

Most boundary fences can be built without a council application when they stay within the limits the state and the council set. A tall fence, a fence on a retaining wall, a pool fence, or a fence in a heritage or flood area can bring an approval. The post on fence heights covers when.

Where is the line, exactly?

The old fence is not always on the boundary. Before a new one goes in, check the line on the survey plan, and if it matters, ask a surveyor to peg it. The post on finding your property boundaries explains how.

Reading it for your own lot

RapidSiteplan reads the council and building rules for your lot from its address, checks the design against them as you place it, lets you edit it as often as you like, and prints the site plan. Site plans and assessments in minutes. A printed plan with the fence drawn on the boundary is a clear page to attach to the notice you give the neighbour.

Search your address, or see what the plan shows for a fence. Each council page, such as Moreton Bay, lists what we hold for that council, and site plans by council covers the rest of Australia.

Common questions

Who pays for a boundary fence? In every state and territory the neighbours on each side usually share the cost of a dividing fence equally, for a fence that is good enough for the area. One owner who wants something more pays the extra.

Do I have to give my fence neighbour notice? Yes. Before you can ask a neighbour to share the cost, the fencing law in your state generally needs a written notice that says what fence you propose, where and at what cost. Each state sets its own form and waiting time.

What if we cannot agree on a dividing fence? Try the mediation service in your state first. If that fails, the tribunal or court that hears fencing disputes in your state can decide the fence and the split of the cost.

General information only, not building or legal advice, requirements vary by council and change over time; always confirm with your council or certifier.