A fence is often one of the first things new owners notice about a property, and one of the most common reasons neighbours disagree. Understanding how dividing fences work in NSW, and how to handle a disagreement fairly, can save money, stress and a good relationship next door. This is general information only, and it is worth confirming the specifics of your situation with NSW Fair Trading or a solicitor.
What the Law Says About Dividing Fences
In NSW, the Dividing Fences Act sets out how neighbours deal with a fence on the boundary between their properties. In general, adjoining owners are expected to contribute equally to the cost of a sufficient dividing fence, though there are exceptions and the details depend on the circumstances. The Act applies to most residential and many other properties, but not all types of boundary or land.
Who Pays?
The usual starting point is that both neighbours share the cost of building or repairing a sufficient dividing fence equally. The fence needs to be reasonably suited to the properties, taking into account factors such as the type of land use, existing fences nearby and the standard of the neighbouring area. If one owner wants a higher standard than is considered sufficient, they may need to pay the extra cost themselves.
How to Raise It With a Neighbour
The process usually begins with a friendly conversation. If you want to replace or repair a fence, it is best to talk to your neighbour first, share what you have in mind, and offer to get quotes. If you can reach an agreement, it is sensible to put it in writing, covering the type of fence, the cost split and who will arrange the work. If a conversation doesn’t resolve things, a formal written notice may be needed, and NSW Fair Trading provides guidance and templates on the notice process.
What If You Can’t Agree?
If neighbours cannot agree, the dispute can be taken to the NSW Civil and Administrative Tribunal, which can make orders about the fence, including the type of fence and who pays. Mediation through the Community Justice Centres is also available in NSW and can be a helpful, low-cost option before a formal application.
Boundaries and Surveys
Sometimes the real disagreement is not about the fence but about where the boundary actually sits. A fence may have been built slightly inside or outside the true boundary some years ago. A registered surveyor can mark the boundary and prepare an identification survey, which can settle uncertainty. It is worth considering this before building a new fence, extension or retaining wall near a boundary.
Pool Fences, Retaining Walls and Trees
Some structures are subject to different rules. Pool barriers are covered by NSW pool safety laws rather than the usual dividing fence rules. Retaining walls and trees can lead to disagreements of their own, and council rules or other legislation may apply. If you are unsure, ask your council or a solicitor before taking action.
Buying a Property: What to Check
If you are buying, look at the state of the boundary fences during your inspections. Ask whether there are any known disputes, and consider whether a survey is appropriate, especially if the property is on a corner, has a long boundary or is close to an easement. Your solicitor or conveyancer can explain what the title and survey information shows.
Selling a Property: Why It Matters
Visible boundary problems can raise questions for buyers. A tidy, sound fence supports presentation, and resolving any known disagreement before listing avoids surprises in negotiations. Where a dispute is in progress, speak to your solicitor about what needs to be disclosed.
Frequently Asked Questions
Do I have to pay for half of my neighbour’s new fence? Generally, neighbours share the cost of a sufficient dividing fence equally, but the Act has procedures and conditions. You should receive proper notice, and you can raise concerns about the type of fence or cost.
What if my neighbour won’t talk to me about the fence? Start with a respectful written request. If that doesn’t work, NSW Fair Trading provides guidance on formal notices, and mediation is available through Community Justice Centres.
Can I build a fence without telling my neighbour? If you want your neighbour to contribute, you must follow the proper process. Building without agreement can leave you paying the whole cost and can lead to disputes.
How do I find out exactly where my boundary is? A registered surveyor can identify and mark your boundary. This is the most reliable way to settle any uncertainty before building near it.
Who can help resolve a fencing dispute? Options include NSW Fair Trading guidance, mediation through the Community Justice Centres, and an application to the NSW Civil and Administrative Tribunal.
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