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 all sorts of materials, for example bricks, metal or wood. It may also be a ditch, embankment or vegetation, for example, a hedge.
It does not include a retaining wall, unless the wall is needed to support and maintain the fence.
Before undertaking any building or repairs of a dividing fence, it is best to communicate and agree with your neighbour about the type and cost of the fence and how much each of you will pay towards it. Getting a number of quotes so that you can agree on a reasonable cost is also advisable.
Please contact us to determine whether there are any restrictions or regulations on the types of fence allowed in your area or if you wish to find out details of your adjoining owners.
We recommend that you review the information provided in the Dividing Fences Act 1991. The Dividing Fences page published by the NSW State Library will also assist in helping you understand this legislation.
We have no jurisdiction over dividing fence disputes between owners but advise that you contact the Community Justice Centre.
Property owners should refer to Council's DCP 2012 - chapter 2 overall controls section 36 and/or the State Environmental Planning Policy (Exempt and Complying Codes) 2008 part 2 - subdivision 17 and 18, to ensure compliance with the regulations.
For further information on dividing fences, please view our frequently asked questions.