Dividing Fences Legislation

The Dividing Fences Act 1991 in the NSW area directly addresses how adjoining land owners should share the cost of a dividing fence when repairs or maintenance must be done.

About the Legislation Act

According to the dividing fences legislation act, a dividing fence is a fence separating the land of adjoining owners, whether on the common boundary of adjoining lands or on a line other than the common boundary. The cost of a dividing fence includes the cost of all related fencing work, such as surveying of land, preparation of the land, design, construction, replacement, repair or maintenance of the dividing fence.

A Word from Us

When you are planning on building or doing maintenance to a fence that separates adjoining land, it is important to talk to your neighbour to figure out how the share of expenses will be done. Within the Act, an owner is classified as one or more people who own the property or a tenant of the property that has more than five (5) years left on their lease.

The Act only asks for adjoining owners to share the costs of a “sufficient dividing fence,” therefore if you want something that is more stylish and outside of just the “sufficient” norms, you must discuss this with your neighbour to ensure there is agreement with the design and norms of the fence as both sides will be contributing financially to the costs of the fence. If you or your other neighbour would like to cover full expense of the fence, the owner who covers the costs of the fence has full right to choose the design and style of the fence solely. Therefore if your neighbour wants to pay for the fence and you don’t, you will not be entitled to influence the choice of the fencing system. Just the same, if an owner would like a fence of higher standard than just the sufficient needs, then that owner must pay for the additional costs.

Be Considerate

As you are planning on the renovation or maintenance of a dividing fence be considerate of your neighbours and remember to be respectful about privacy and other concerns of the other land owners. Look into ways to accommodate your neighbour’s needs as much as yours and cooperate together to achieve a great look that will benefit both of your homes.

For more information about the Dividing Fences Legislation Act, visit:

http://www.austlii.edu.au/au/legis/nsw/consol_act/dfa1991137/