What is the position in New South Wales regarding boundary fences?
What is the position in New South Wales regarding boundary fences?
In New South Wales, the Dividing Fences Act 1991 (DFA) regulates the dividing fences between neighbouring properties and who is responsible for the cost of fencing work. A dividing fence is a fence separating the land of adjoining owners, whether it is on the common boundary or not.
Who owns the dividing fence NSW?
In NSW, if you and your neighbour are both owner-occupiers, you share equal responsibility for the dividing fence on your land.
Will council pay half my fence NSW?
If the fence does need replacing your neighbour can ask that you pay half the cost of a ‘sufficient dividing fence’. the types of fences that are used in your area. the requirements of your local council. whether your fence encloses a swimming pool.
How high can I build a fence NSW?
1.2m high
The NSW Department of Planning and Environment stipulates that the front fence should be a maximum of 1.2m high with a gate that opens inward. This is the standard that can be built without planning or building approval in residential zones, although councils are often open to discussion around height.
Who owns a dividing fence NSW?
Can I complain about my Neighbours fence?
If you know where the boundary is and you don’t need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can – make a note of what you agreed. If you don’t feel comfortable speaking to them, write to them or ask someone to contact them for you.
Do I need council approval to build a fence NSW?
The NSW Department of Planning and Environment stipulates that the front fence should be a maximum of 1.2m high with a gate that opens inward. This is the standard that can be built without planning or building approval in residential zones, although councils are often open to discussion around height.
What do you need to know about dividing fences in NSW?
the boundary line or, if impracticable, the line of the proposed fence the type of fencing work proposed the estimated cost, and if it is not to be equally shared, then the share proposed. Fencing notice Find information about dividing fences, boundary disputes and retaining walls at LawAccess NSW – Fences, including flowcharts and forms.
Where can I get a fencing notice in NSW?
Visit the LawAccess NSW website for information about Fencing Notices. If you and your neighbour do not reach an agreement one month after the Fencing Notice is sent, you can lodge an application to NCAT.
Can a neighbour serve a fencing notice on a neighbour?
If mediation is not successful, the person who wants the fence can serve a Fencing Notice on their neighbour. If you do serve a Fencing Notice and you and your neighbour still can not agree, then you can then apply to the court or tribunal for a determination. Where a fence needs to be built, it is generally up to neighbours to split the cost.
Is there a boundary fence on my property?
Our common property has no boundary fence and the other Lot owner does not want one. I have seen an unauthorized male on the property, one Lot is used for short term rental, which means children of paying guests are on the unfenced common property and I also have a young child.