Dividing fences

A white picket fence with trees hanging over.

Dividing fences are generally built on the common boundary line of adjoining land. They enclose any land, as a:

  • structure
  • ditch or embankment
  • hedge or vegetation barrier
  • natural or artificial watercourse.

This is whether they extend along the whole boundary of land separating neighbours or not.

A retaining wall isn't a fence, as it serves a different purpose. Learn more about retaining walls. 

Building approval for a new fence

Generally, building approval is not required for a new fence if it is:

  • no higher than 2 metres above the fence’s natural ground surface
  • not for a regulated pool.

If the new fence cannot meet both of these requirements, it needs building approval.

Swimming pool fences

The laws and regulations for dividing fences do not apply to pool fences. Learn more about swimming pools and spas.

Sighting requirements for fences

If the fence exceeds 2 metres above the natural ground surface and is within 1.5 metres of the allotment boundary, Council will need to assess it.

If the fence is on a corner allotment, the wall and other structures must not exceed 1 metre in height within the 6 metres by 6 metres truncation.

Find out more about placing a structure on your property.

Building a fence near stormwater infrastructure

Building work over or near stormwater drains must be assessed. Find out more about placing a structure on your property.

All applications to build over or next to a Unitywater sewer or water main are to be referred to Unitywater.

Ownership and responsibility of a dividing fence

A dividing fence is equally owned by adjoining neighbours if it is on the common boundary line. Generally, neighbours must contribute equally to building and maintaining a dividing fence. Learn more about your responsibility as a fence owner.

Resolving a dividing fence dispute

A dispute may arise if neighbours disagree on fence construction or maintenance.

Council does not become involved with dividing fence issues between neighbours.

The law relating to constructing and repairing fences that divide adjoining land is defined in the Neighbourhood Disputes Resolution Act 2011.

If your neighbour refuses to contribute, challenges the cost, or disagrees with the type of fence or repairs, you must not build or repair the fence. If you both cannot reach an agreement after one month of giving your neighbour a notice to fence, either of you may:

  • Invite the other party to attend mediation, which is a way of settling a dispute without legal action. The Department of Justice and Attorney-General provides a free mediation service.
  • Apply to the Magistrates' Court to resolve your dispute.
  • Apply to resolve the dispute through Queensland Civil and Administrative Tribunal (QCAT). QCAT hears dividing fence disputes valued at up to $25,000 (excluding interest). Disputes about dividing fences that are part of a pool barrier have an unlimited amount.

You cannot apply to QCAT or the Magistrates Court to resolve your dispute unless you give your neighbour a notice.

If you have started to construct or repair a fence without your neighbour’s agreement or authorisation through a QCAT order, you may wish to seek legal advice about your options.

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