Council does not become involved with dividing fence issues between adjoining neighbours.
The Neighbourhood Disputes Resolution Act 2011 defines the law relating to constructing and repairing fences that divide adjoining land, and neighbours responsibilities for trees.
Exempt from Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
Local, State and Commonwealth governments are exempt from the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. You won't be able to claim half of the cost of this section of the fence if your land adjoins land owned by government and/or is a park, reserve, railway line etc. An exception may apply if Crown land is leased to other parties. Legislation also does not apply to trees within a public park.
Design & siting relaxation
All fences constructed more than 2m in height above natural ground level require building approval from a private building certifier. This includes if a retaining wall of 1m has been constructed, and a fence over 1m in height is being constructed on top of the retaining wall.
Retaining walls will also require a building approval if:
- there is a surcharge loading over the zone of influence of the wall; or
- the total height of the wall and of the fill or cut retained by the wall is more than 1m above the wall's natural ground surface; or
- the wall is closer than 1.5m to a building or another retaining wall; or
- Within the clearance requirements of a sewer manholes or easement.