Dividing Fences

A dividing fence is a fence that separates the lands of adjoining owners.

In many instances a Development Application may not be required for the installation of a dividing fence. Please refer to Parts 1 and 2 of State Environmental Policy (Exempt and Complying Development Codes) 2008, to determine whether your fence is exempt from the need to obtain development consent. The Codes SEPP is available for download below.  

If in doubt, before starting works, contact a Council Planning Advisor through: Council Customer Service Centre

The Dividing Fences Act 1991 commenced on 1 February 1992. The Act is about how the cost of a dividing fence is shared between adjoining land owners, where an owner wants to erect a dividing fence or wants work done on an existing dividing fence. It sets out only the minimum requirements, and owners may always agree to arrangements above those requirements.

More information is available from the Aust Lii website.

Council is not involved in resolving disputes regarding dividing fences, however information on issues associated with Dividing Fences can be found at  Department of Lands website.

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