Fencing in Victoria

When you need to replace, repair or build a new fence it’s important to: 

1. Understand your rights and obligations under fencing law in Victoria.
2. Try to reach an agreement with your neighbour.
3. Understand your options if you can’t agree with them.  

Fencing law in Victoria – Your rights and obligations 

Dividing fences are joint property 

A dividing fence separates two pieces of land. It usually runs along the common boundary between the two properties. 

Both neighbours have the same rights and obligations when it comes to building or repairing a dividing fence, even if it’s not located on the common boundary. 

Fencing costs are shared equally between neighbours 

But this will depend on whether:

• the current fence needs to be repaired or replaced 
• one neighbour wants a different or more expensive fence 
• one neighbour has deliberately or negligently damaged the fence – they must pay for repairs.  

You may also need to share the cost of more than just the fence itself. This can include things like:  

• clearing the land so a fence can be built or repaired  
• removing the existing fence 
• having the land surveyed to find the common boundary 
• using temporary barriers. 

You must pay for a sufficient dividing fence 

The law in Victoria doesn’t say how tall a fence should be or what it should be made from. It says that neighbours should contribute equally to a ‘sufficient dividing fence’ which depends on things like:  

• the style of the existing dividing fence (if there is one) 
• how you and your neighbours use the land 
• reasonable privacy and security concerns  
• the types of other fences used in your local area.  

For residential properties, a sufficient dividing fence might be a 1.8 metre timber paling fence. For rural properties, a sufficient dividing fence might be a wire and post fence. 

Preparing to repair, replace or build a new fence 

Check council planning rules 

Different council areas may have different rules and regulations. Check your local council’s website (External link) for information about fencing in your neighbourhood. 

Finding the owner’s contact details 

If you don’t know who owns the neighbouring property: 

• if it’s a rental property, ask the current tenant for the property manager’s or owner’s details 
• call your local council (External link) and say you want to send the owner next door a Fencing Notice but don’t have their contact details 
• run a title search on the LANDATA website (External link) to find the owner’s details(Fees apply).  

If you still can’t find the owner you should get legal advice. If you want the owner to contribute money you’ll need a Magistrates’ Court order before any work begins. 

Typically, new fences are built the same as the old one  

If you or your neighbour want something different like a higher fence or one made of more expensive materials, the person who wants this pays the difference in cost between a sufficient dividing fence and the higher standard. If you both agree, you can share the extra cost. 

Positioning fence posts and rails 

If you and your neighbour can agree on where the rails and framing of the fence should face, then you can build as agreed. If you can’t agree, the law says if the dividing fence is:

• between two residential properties: the rails and framing should go on the same side as the existing dividing fence, if there is one 
• between residential land and commercial land: the rails and framing should face into the residential land 
• between residential or commercial land and land with public access: the rails and framing should face into the residential or commercial land. 

If there’s no existing dividing fence, the rails and framing should go on the side least subject to weathering. 

Talking to your neighbours about a new fence 

It’s normal to feel nervous about approaching your neighbour, especially if you don’t have an existing relationship or you've had issues with them in the past. But it’s a very important step to resolve the issue. 

If your neighbour avoids the conversation or ignores you 

It can be frustrating if you’ve tried to approach your neighbour and they won’t engage with you.  

Don’t assume that it means that they don’t want the problem solved. Your neighbour might have issues you’re not aware of. Try to think about it from their perspective: 

• Is the timing not right for them? 
• Do they not feel confident? 
• Do they need more information or advice? 
• Do they need someone to help them to have that conversation with you? 

Think about what you could do differently to encourage them to talk, and what might help them to feel comfortable about talking to you. 

If you and your neighbour don’t get along 

If you have a history of difficulty with your neighbour, approaching them to talk about a new issue can feel difficult or overwhelming. Think about: 

• acknowledging or apologising for past issues. Try clearing the air with a note in their letterbox or a conversation if you feel comfortable
• being as clear as you can about the issue and why it’s important to you. This will help them understand your point of view
• staying calm and trying not to react to your neighbour, even if you think they’re being unreasonable. 

If you’re concerned about your personal safety, using a neutral third party such as a mediation service can help you to have a conversation in a controlled environment. 

Sending a Fencing Notice to your neighbour 

A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence.   

Your neighbour has 30 days to respond from the day they receive the Fencing Notice. It’s a good idea to send it to them by registered post (External link) so there is proof that they have received it.  

If they agree, you can build as per your proposal. If not, you’ll need to negotiate a solution.  

Download the Fencing Notice form

Urgent fence repairs  

Where a dividing fence is damaged or destroyed and needs to be repaired urgently, you can undertake the fencing works without giving your neighbours notice or getting their agreement. It is still recommended to talk to them about what you are going to do first.

If works need to be carried out urgently will depend on the circumstances. Not all required fencing work is urgent fencing work. Examples of urgent work include where the dividing fence has been damaged or destroyed by a falling tree or branch or by fire or a flood.

If you undertake urgent fencing works and then want your neighbour to contribute to the cost, you will need to give them an urgent fencing notice. It gives your neighbour an opportunity to have a say.

An urgent fencing notice includes things like:

• type of fencing works that were done
• cost
• reason for the urgency.

Download the Urgent Fencing Notice (External link) template. (Update to Urgent Fencing Notice downloadable from: https://www.disputes.vic.gov.au/information-and-advice/fencing/fencing-notice (External link)) 

Let your neighbour know you’ll be sending it 

It’s a good idea to let them know about what you’d like to do with the fence before you send a Fencing Notice. That way it won’t be a surprise for them. 

Ignoring a Fencing Notice 

If a neighbour doesn’t respond to a Fencing Notice within 30 days, the fencing works can begin without their agreement.  

You can take action in the Magistrates’ Court of Victoria to recover their share of the costs. 

You don’t have to use a Fencing Notice  

If you agree on everything, many people just sign the agreed quote for the job to formalise the agreement. 

But keep in mind that if you don’t use a Fencing Notice, it’s harder to prove there was an agreement if something goes wrong. Without a Fencing Notice any dispute will be settled under contract law and not the Fences Act. This will make it a lot harder to resolve a dispute. 

Going to court 

Going to court can be expensive and takes time. Talking to your neighbour is almost always cheaper, fairer and simpler than going to court. Court should be the last step that you take to resolve your issue.  

Think about the potential damage that going to court could do to your relationship with your neighbour. Taking this issue to court may start a pattern of involving a third party in any future issues, big or small. 

Ask yourself:        

• Do I have a good understanding of what’s important to them? 
• Have I been clear about what’s important to me? 
• Have I really listened to them and tried to come up with a solution? 
• What am I willing to negotiate over? 
• Is there a different way to resolve this? 

If you and your neighbour still can’t agree, you can take it to your local Magistrates’ Court (External link). A magistrate will decide:  

• whether fencing works are needed or not  
• the type of fence to be built 
• the time frame for building the fence 
• who contributes what to the costs. 

It’s important to know that the Magistrate’s role is to decide on the points of law about your fencing issue only, not any other issues surrounding it. Because the Magistrate may not address everything that’s important to you, you might not end up with the outcome that you want. This is why you’re much better off negotiating a solution with your neighbour.  

For more information about the court process for fencing disputes visit the Magistrates’ Court website (External link).    

For independent legal advice find your local community legal centre (External link) or visit the Law Institute of Victoria Website (External link). 

Most residential or retail tenants do not have to contribute to fencing works

In most circumstances, the Fences Act makes the owners of the land responsible for the construction and maintenance of fences. However, long-term renters that are not on a residential or retail lease (e.g. a commercial lease) are sometimes required to contribute to the cost of fencing works, depending on the unexpired term of their lease (see the table below).

A long-term renter is only liable to pay if they receive the specific required notices under the Fences Act. These notices that are required can be found in the Fences Regulations 2024 (External link) (page 2 onwards).

Renters’ financial liability for fencing works

Properties next to public parks and government owned land

The Fences Act currently states particular types of Crown land are exempted from contributions. The government may choose to contribute in some circumstances, but this is not required by the Fences Act.

Buildings on common boundaries

Building work on boundaries may involve the demolition of walls. This could occur before the start of fencing work if a new sufficient dividing fence is to be built. Building work may also include the construction of a new structure on a boundary line.

Building and protection work of a building on the common boundary is not fencing works and is generally not subject to the Fences Act. This work is subject to the Building Act 1993 (External link).

More information on protection work can be obtained from the Victorian Building Authority website (External link).