Dividing Fences in NSW: A Neighbour Guide

Who pays for a dividing fence in NSW?

Under the Dividing Fences Act 1991, adjoining owners are generally each liable for half the cost of a sufficient dividing fence between their properties. If one owner wants something beyond a sufficient fence, whether that is extra height, a premium material or a decorative treatment, that owner normally pays the difference. The starting position is an equal share of the standard, not an equal share of whatever one owner wants.

That single word, sufficient, does most of the work in the Act. It is assessed against the locality, the type of land and the use the land is put to. A sufficient dividing fence between two suburban houses in Blacktown is a different thing from a sufficient dividing fence between two rural holdings at Menangle, and the Act is written to allow for that.

Liability attaches to the owner rather than to the occupier, so a tenant is not the person to negotiate with. Where a property is rented, the fencing notice goes to the owner or their agent.

What is a sufficient dividing fence?

A sufficient dividing fence is one that is adequate for the boundary in question, judged by reference to the existing dividing fence, the kind of fences used in the locality, the purpose the land is used for, and any relevant council or planning requirement. The Act deliberately avoids specifying a material or a height, because what is sufficient in one setting is excessive or inadequate in another.

In practice, in most Sydney suburbs, a sufficient dividing fence between two residential properties is a standard boundary fence of the kind commonly used in that street. If every fence in the street is 1.8 metre Colorbond or lapped and capped timber, that is a strong indication of what is sufficient there.

It also means you cannot require a neighbour to contribute equally to something well beyond local practice. If you want a decorative aluminium frontage where the street norm is a paling fence, you can build it, but the contribution you can require is measured against the sufficient standard.

How does a Notice to Fence work?

If you cannot reach an informal agreement, the Act provides a formal step: a fencing notice served on the adjoining owner. The notice sets out the boundary, the fencing work proposed, an estimate of the cost, and how you propose to share it. The adjoining owner then has a period to respond and agree, propose something different, or do nothing.

A fencing notice is not an aggressive act and it is not a court document. It is the mechanism the Act provides to move a stalled conversation forward, and serving one preserves your position if the matter later has to be decided by a tribunal. Most disputes are resolved at this point, because the notice forces the question to be answered.

Attach an itemised written quote to the notice rather than a single figure. A quote that separates the boundary run from any extras makes it obvious what is being shared and what is not, and it removes the most common objection, which is that the neighbour cannot tell what they are being asked to pay for.

If no agreement is reached within the period allowed by the Act, either owner can apply to have the matter determined. Check the current notice period and application requirements on the NSW Fair Trading website or with LawAccess NSW before serving anything.

• Identify the boundary and the fencing work proposed
• Attach an itemised written quote, not a single figure
• State the proposed cost sharing
• Serve it on the owner, not the tenant
• Keep a copy and a record of service
• Allow the response period before taking any further step

What if we cannot agree at all?

If the fencing notice does not produce agreement, either owner can apply for the matter to be determined. Dividing fence disputes in NSW are dealt with by the NSW Civil and Administrative Tribunal, and in some circumstances by the Local Court. The tribunal can decide what fencing work should be carried out and how the cost is to be shared.

Before that point, Community Justice Centres offer free mediation for neighbour disputes in NSW, and it resolves a large proportion of fencing disagreements without any application at all. It is worth trying, because a tribunal outcome leaves you living next to the other party regardless of who wins.

Where you are contemplating an application, take proper advice. LawAccess NSW and NSW Fair Trading both publish guidance on dividing fences, and the current forms, fees and time limits are set out there. This page is general information and is not legal advice.

What about urgent fencing work?

The Act contains provisions for situations where a dividing fence has been damaged or destroyed and immediate work is needed, for example after a storm brings a tree down across a boundary. In those circumstances an owner may be able to carry out urgent work and then recover a contribution, rather than waiting out the full notice process.

Document everything before you touch it. Photographs of the damage, the date, and a written quote for the work are what make a later claim for contribution straightforward. Verbal accounts of what a fence looked like before a storm are worth very little.

Insurance is often the faster path for storm damage. Check your policy before assuming the neighbour is the source of recovery, and check whether the damage arose from something that shifts responsibility, such as a tree that was known to be dangerous.

Common situations that cause disputes

Most dividing fence disputes in Sydney come down to four things: a neighbour who will not respond, disagreement about the standard of fence, uncertainty about where the boundary actually is, and damage caused by one party. Each has a practical path through it, and none of them are improved by starting work first and discussing it afterwards.

Where the boundary line itself is in doubt, a registered surveyor is the only reliable answer. Old fences drift over decades, particularly in the older subdivisions across the inner west and the original Blacktown and Parramatta estates, and building a new fence on the line of an old one can entrench an error. A survey is far cheaper than a boundary dispute.

Where a neighbour simply will not engage, the fencing notice is the tool. Where the disagreement is about quality, an itemised quote and a comparison against what is normal in the street usually settles it. Where one party caused the damage, the Act and general law both bear on who pays.

• Neighbour will not respond - serve a fencing notice
• Disagreement about standard - compare against fences in the locality
• Boundary position unclear - engage a registered surveyor
• Damage caused by one party - document it and take advice
• Rented property - deal with the owner or agent, not the tenant
• Retaining involved - resolve the wall before the fence