Struggling because your neighbour won’t pay for half of the fence in QLD?
In Queensland, neighbours typically share the cost of dividing fences.
But what happens when they refuse?
This guide will help you with next steps, covering the legal areas, mediation options, and more.
Understanding Dividing Fences in Queensland
Under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, adjoining neighbours in Queensland must equally share the responsibility of building, maintaining, and repairing dividing fences.
The law requires that both neighbours financially contribute to these costs to ensure fair and equitable treatment.
A dividing fence is co-owned by the neighbouring landowners, and each is expected to contribute equally to its construction when it lies on their shared boundary. This framework is designed to prevent disputes and encourage cooperation between neighbours.
Steps to Take When Your Neighbour Won’t Pay Half for the Fence
Notifying Your Neighbour
Begin by officially informing your neighbour through a Notice to Contribute. This document should outline details of the proposed fence and include at least one quote for the cost.
Providing two quotes gives your neighbour a choice and demonstrates thoroughness on your part.
After delivering the notice, your neighbour has 30 days to respond. This period allows them to understand their financial obligations, agree, or raise objections.
Attempting Mediation
If your neighbour disagrees with the Notice to Contribute, the next step is to try mediation. Mediation provides a neutral ground for both parties to express their views and seek a mutually acceptable solution with the help of an independent mediator.
This process is often quicker and less expensive than taking legal action, and is a practical approach on how to deal with difficult neighbours.
Applying to QCAT
If mediation fails, you can apply to the Queensland Civil and Administrative Tribunal (QCAT). QCAT has the authority to make enforceable decisions about costs, design, and fence construction.
Filing fees range from $27.45 to $352.00, depending on the complexity of the dispute. QCAT handles disagreements involving amounts up to $25,000, providing a formal resolution process to ensure fairness.
Legal Framework Governing Fence Disputes
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 is key in managing fence disputes in Queensland. It states that dividing fences are co-owned, and costs must be shared equally between neighbours.
When disputes arise, QCAT can make binding decisions regarding contributions and fence specifics, ensuring that both parties comply with the rulings.
For claims under $1,500, disputes may be fast-tracked directly to a hearing, while more significant claims usually begin with mediation. Application fees vary depending on the claim amount, ranging from $24.25 to $326.80.
What Constitutes a Sufficient Dividing Fence?
A dividing fence is deemed sufficient if it is 0.5 to 1.8 meters high and built from standard materials like wood, metal, or chain wire. The common types of fences in the neighbourhood can also determine sufficiency.
If one neighbour wants additional features, they must bear the extra costs. This ensures that financial responsibility remains fair and balanced, with enhancements covered only by the neighbour requesting them.
For added privacy, some neighbours opt for screening plants for privacy from neighbours, which can be a great solution without altering the fence.
Handling Urgent Fencing Work
If a fence is significantly damaged, urgent repairs may be necessary. If the responsible party does not act, you can issue a notice to request their financial contribution. In such urgent cases, QCAT can set deadlines and enforce shared costs.
Should one neighbour want to enhance the repairs beyond the basic requirements, they are responsible for covering the additional expenses.
Retaining Walls vs. Dividing Fences
Dividing fences mark property boundaries, while retaining walls are used to stabilize raised or excavated land. Generally, the responsibility for retaining walls falls on the party benefiting from the wall.
Unlike dividing fences, disputes involving retaining walls do not fall under QCAT’s jurisdiction and often require legal assistance.
Dealing with Unauthorised Construction by a Neighbour
If your neighbour constructs a fence without your permission, try to resolve the matter through direct communication.
Keep records of any unapproved construction activities. If an encroachment occurs—meaning your neighbour has built on your property—this falls under the jurisdiction of the Queensland Supreme Court.
Pool Fencing Requirements
In Queensland, pool fences must adhere to strict safety standards:
- Minimum height of 1200mm
- Maximum gap of 100mm between the barrier and the ground
- Gates must open outward and close automatically
- Latches must be at least 1500mm above ground level
- There must be a 900mm non-climbable zone around the fence
Pool owners must maintain these standards to ensure safety and comply with the law.
Seeking Legal Advice
If mediation fails, it is crucial to seek legal advice. Consulting a lawyer will help you understand your rights and options.
Community Legal Centres in Queensland offer assistance for disputes, and the Queensland Law Society can provide a list of legal professionals who specialize in fence disputes.
Summary
Resolving fence disputes can be challenging, but understanding the legal framework in Queensland and knowing the correct steps to take can make the process smoother.
Start with notifying your neighbour, try mediation, and, if necessary, apply to QCAT or seek legal advice. Effective communication and awareness of your rights are key to preventing and resolving disputes.
If you’re in Victoria and facing a similar issue, refer to our guide on Victoria residents – my neighbour won’t pay for half of the fence for specific advice.
Frequently Asked Questions ‘My Neighbour Won’t Pay for Half of the Fence in Queensland’
How to ask a neighbor to pay for a fence?
If you and your neighbor cannot agree on the fencing arrangements or costs, you can seek a decision from the Local Court or the NSW Civil and Administrative Tribunal (NCAT). They will determine a suitable dividing fence and how costs should be shared.
Do you have to give your neighbor the good side of the fence?
There is no universal rule requiring you to give your neighbour the nicer side of the fence. However, doing so is considered good practice for aesthetic purposes and to maintain a positive relationship.
Who owns the right side of the fence?
There is no general rule about owning the fence on either the left or right side of your property. It is best to check your property documents or agreements to determine fence ownership.
Can my neighbor paint her side of my fence?
If the fence is entirely on your property, you have the right to make changes, including painting. However, if the fence is on a boundary line or your neighbour’s property, you must seek their permission before making any alterations.
