The Fences Act directs the type of fence to be built, who pays for a dividing fence, notifications neighbours need to give one another and how to resolve disputes that come up when discussing fencing matters.
Fencing between two properties is a civil matter between the property owners concerned and the rights and responsibilities of owners is administered by the Act.
It is recommended that you discuss the shared fencing between your property and your neighbour’s property if you intend to build or replace an existing fence on your property.
You may need a planning and/or a building permit for your fence depending on a few factors such as:
- the height and location of the proposed fence
- the material of the proposed fence
- the location of your property
Your land title may also have covenants or encumbrances that may further restrict or limit your fencing. To obtain an up-to-date copy land title, you can order this via Landata.
Fences, other than fences forming part of a swimming pool or spa barrier or forming part of an outdoor play space associated with a children’s services, are exempt from a building permit if:
- is not more than 2m in height; and
- If within 3m of a street (except a lane, footway, alley or right of way) is a maximum of 1.5m high and not constructed of masonry, concrete or similar; and
- If within 3m of a street (except a lane, footway, alley or right of way) is a maximum of 1.2m high constructed of masonry, concrete or similar; and
- If within 9m of a point of intersection of street alignment (e.g. corner blocks) is a maximum of 1m high above the footpath.
If your design does not comply with the Building Regulations 2018, you may also be required to obtain the report and consent of Council for a variation to the regulation.
A planning permit may also be required depending on your property's zoning or any overlays applicable. Please contact Council's Planning Department on planning@yarriambiack.vic.gov.au or 5398 0100 for more information.
If you are a property owner and need to find out who owns the property you share a fence with, you can request ownership details for fencing purposes through Council via email: rates@yarriambiack.vic.gov.au
You can obtain a current copy of your title plan from Landata. However, to properly identify the location of your title boundary, you will need to engage a licensed land surveyor. Only a licensed surveyor can determine the actual location of your property boundaries.
If you are finding that you cannot reach agreement regarding the construction, replacement or the contribution to its construction, or you are hesitant to approach the owner, you can obtain free advice on fencing issues at the Disputes Settlement Centre Victoria.
Disputes over fencing between neighbours is a civil matter and, therefore, Council cannot intervene.