Fences and your neighbours
By law, people with a common boundary share the cost of building and maintaining appropriate fencing.
Owners usually share the cost of a standard fence.
If one owner wants a special fence, for example a higher fence, the person who wants the special fence must pay the extra amount.
What is a standard fence?
A standard fence is 1.8 metres high with wooden palings.
The law about fences in Victoria is contained in the Fences Act 1958.
When neighbours disagree on a fence
1. Following the Procedure relating to fencing disputes and issuing a Complaint information sheet produced by the Magistrates Court.
2. Contact the Dispute Settlement Centre of Victoria to discuss the fence and get a solution.
The Dispute Settlement Centre of Victoria is an informal, independent, accessible and low cost dispute resolution service to all people in Victoria.
The Centre can:
- do free mediation between neighbours
- give you extra information on a Fencing Notice, and
- show you how to get a court order to force your neighbour to help pay for the fence.
Requests for ownership particulars for fencing purposes
Council may be asked to provide a property owner(s) contact details with respect to the specific replacement or repair of fencing. The Information Privacy Act allows us to provide this information on the basis that the request is made in writing. Council has a standard form (DOC 38Kb) available for this purpose, which contains a Privacy Statement that the information will kept secure and not be used for other unrelated purposes.
Files
Links
- Procedure relating to fencing disputes and issuing a Complaint information sheet from the Magistrates Court
- Dispute Settlement Centre
- Quick guide to fencing law by the Victorian Law Reform Committee
- Chapter on Fences from the Law Handbook
- Neighbours, the law and you by the Victorian Law Foundation
- Complete Law Handbook online
