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Dividing fences between properties
 Prior to building or renovating any fence that serves as a dividing
fence, written notice must be given to the occupiers/owners of all
affected properties, in accordance with the requirements of the
Fences Act 1968. The notice must stipulate the type of fence and
the boundary to be fenced.
Usually, the cost of the fence is proportioned equally between the
adjoining neighbours. However, this is subject to change if one
neighbour wants a much larger or more extravagant fence than the
other. In this instance, neighbours must reach an agreement between
themselves as to how they should share the cost. If agreement cannot
be achieved, the matter can be referred to the Magistrates Court.
Further advice may be obtained from the Dispute Settlement Centre
at the Justice Department of Victoria, telephone (03) 9603 8370,
or visit Neighbourhood Disputes - Fences for more information on
resolving fence disputes.
If you live next to land occupied by the government, you are liable
for all costs relating to the replacement or construction of the
fence. If the government sells or leases the land to a person or
persons, you may then be able to claim half the costs of the fence.
Fence building requirements
A building permit will be required for the construction of any fence
that is constructed of masonry, concrete or the like and being greater
than 1.2m in height.
A building permit is also required where a
fence:
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Exceeds 2 m in height |
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Exceeds 1.5m in height when within 3m of a street alignment |
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Has barbed wire (or the like) within 150 mm of a street alignment |
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Exceeds 1m in height above the footpath when within 9m of a point of intersection of street alignments |
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Exceeds 1.2m in height when within 3m metres of a street alignment - when constructed of masonry, concrete or the like. |
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Is to be built over an easement |
Works that do not require a building permit may still require a
planning permit. Check with the planning department or visit Planning
Permits and Process. All relevant departments should be consulted
prior to commencement of works.
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