Can your neighbor can put up a fence without your permission in NSW?
Yes, they can, but they must adhere to legal guidelines.
This article explains property boundaries, fencing laws, necessary permissions, and steps to resolve disputes.
Whar Are Property Boundaries?
Boundaries determine the geographic and legal limits of land ownership.
Knowing where your property lines are helps with efficient land management and avoids potential disputes.
In NSW, a boundary fence refers to any structure or barrier that separates adjoining properties.
Hiring a certified surveyor is the best way to ensure your boundaries are accurate. Surveyors provide clear guidance on permissible distances from boundary lines when installing fences, helping to avoid legal disputes.
Incorrect boundary placement can lead to significant issues, including loss of land or disputes between neighbors, which may need to be resolved through dialogue or legal action.
Legal Framework for Fencing in NSW
In NSW, the requirements for dividing fences are established under the Dividing Fences Act 1991. This Act outlines the rules and standards for building or repairing dividing fences, updating earlier provisions from the Dividing Fences Act 1951. Dividing fences define the boundary between neighboring properties.
When choosing fencing materials, they must meet safety and durability standards as per the Building Code of Australia (BCA). Property owners should consult their local council to ensure compliance with all local regulations.
Disputes about fencing standards can be handled by the Local Court or the Civil and Administrative Tribunal (NCAT). In case of emergency repairs, urgent work on fences may proceed without prior notice to neighboring properties.
Do You Need Permission to Build a Fence?
Before starting any fencing work, it is crucial to consult your local council and obtain their approval. This confirms that your plans adhere to local regulations.
After council approval, discuss the plans with your neighbor and create a written agreement detailing each party’s responsibilities. If you encounter resistance, knowing how to deal with difficult neighbours can be helpful in managing disputes without escalating the situation.
A Fencing Notice is a formal step when requesting changes or repairs to shared fences. It serves as an official declaration to your neighbor about proposed work, providing an opportunity for them to respond or object.
While you don’t need explicit permission if building within your boundary, following legal procedures and maintaining transparent communication is essential for preventing conflicts.
Steps to Resolve Fencing Disputes
Talk to Your Neighbour
The first step in dealing with fencing disputes is to discuss the issue directly with your neighbor. Resolving issues amicably through conversation is often the easiest route.
Mediation Services
If direct discussions don’t work, consider using free mediation services provided by Community Justice Centres in NSW. Mediation can help resolve differences without involving legal proceedings.
Legal Action
If no agreement is reached within 30 days of issuing a Fencing Notice, either party can seek a Fencing Order from the Local Court or NCAT. Legal action should be a last resort due to its cost and potential to damage neighbor relations.
Keep Records
Documenting all interactions and agreements related to fencing is crucial. Detailed records can support any claims or disputes that may require escalation to legal channels.
Serving a Fencing Notice
A Fencing Notice must be provided in writing to your neighbor, detailing plans for fencing work and allowing them 30 days to respond.
This notice is required if you plan to share costs with your neighbor. If they don’t respond, you may proceed with the fencing work after 30 days.
For urgent repairs, work can be carried out without prior notice, but an Urgent Fencing Notice should be issued afterward.
Notices should be served via registered mail to ensure both parties are informed, reducing the risk of disputes over property boundaries.
Cost Sharing for Boundary Fences
Under the Dividing Fences Act, neighboring property owners generally share the costs of building and maintaining a boundary fence equally. However, if one neighbor wants a more expensive fence, they must cover any additional costs.
Agreement on Fence Type
The type of fence must be agreed upon by both neighbors and meet local regulations. Legal cost-sharing obligations arise only when there is mutual consent.
If privacy is a concern, screening plants for privacy from neighbours are a great alternative to taller or more expensive fences, providing natural coverage without requiring significant structural changes.
Who Pays for Damage?
If the fence is damaged due to the negligence of one party, that individual must cover the full cost of the repairs.
What Happens if Your Neighbor Builds Without Permission?
If your neighbor builds a fence on your property without permission, it is considered trespassing. While a neighbor can erect a fence on their side without notifying you, crossing into your property is illegal.
If this happens, you may take legal action against them for trespassing.
In cases where one party’s negligence causes damage to a shared fence, they are responsible for repairs. Keep thorough records of any unauthorized activity, as this will be crucial in settling disputes.
Seeking Expert Advice
Hiring a registered land surveyor is important to ensure precise property boundaries. Surveyors provide legally recognized boundary documentation, which is crucial before installing a fence to ensure compliance with property lines and building regulations.
Involving a surveyor during early property development stages can streamline the approval process and identify potential issues.
Legal experts also provide valuable guidance on fencing and boundary disputes, helping protect your investment from unforeseen challenges.
Summary
Understanding your property boundaries and the fencing laws in NSW is essential for avoiding conflicts and managing your property responsibly.
The process involves getting council approval, serving a Fencing Notice to neighbors, and managing costs collaboratively. Paying attention to every detail and following the relevant laws ensures a smooth process and helps maintain a positive relationship with neighbors.
People Also Ask: ‘Can My Neighbour Put Up a Fence Without My Permission in NSW?’
Do you need neighbour’s permission for fence extension in NSW?
If you do not breach any council rules, covenants, or easements, you can agree with your neighbour to build the type of fence you want. It is advisable to write down and sign any agreement you make with your neighbour.
How do I dispute a fence with my neighbour in NSW?
If mediation fails, you can serve a Fencing Notice on your neighbor. If no agreement is reached after serving the notice, you can apply to a court or tribunal to decide.
What are the rules for boundary fencing in NSW?
In NSW, residential fences should not exceed 1.8 metres in height. You must contact your local council for specific rules and ensure compliance. For boundary fences that exceed this height, it is best to seek expert advice.
Can I remove things my neighbor has attached to my fence?
If you own the fence, your neighbor cannot attach anything to it without your permission. This includes hooks, screws, or lights. You have the right to remove any items attached without your consent.
