Dividing fences in Melbourne: who pays and how to get it done

Who pays for a dividing fence

Under Victoria's Fences Act, neighbours share the cost of a dividing fence equally. That can change if one neighbour wants something better than the fence needs to be, or if one of them damaged it: a neighbour who deliberately or negligently damaged a fence has to pay for the repair.

The law doesn't set a height or material. Neighbours share the cost of a “sufficient dividing fence”, which depends on the existing fence, how the land is used, privacy and security, and what's usual nearby; the Department of Justice gives a 1.8 m timber paling fence as a typical residential example.

Agree first, in writing

Talk to your neighbour before getting quotes, and agree the type of fence, who'll build it and how the cost will be split. The formal step is a fencing notice setting out your proposal; the Victorian Government publishes a standard form. Your neighbour has 30 days from receiving it to respond, and sending it by registered post means you can prove when it arrived.

Without an agreement or the proper legal process, your neighbour doesn't have to pay. If you want a contribution from an owner you can't find, you need a Magistrates' Court order before the work starts. The Dispute Settlement Centre of Victoria has advice on fencing disputes and talking to your neighbour.

After a storm: urgent repairs

If a fence is damaged by a falling tree, fire or flood and needs fixing straight away, you can do urgent work without giving notice or getting your neighbour's agreement first, though it's still worth talking to them. To ask them to share the cost afterwards, you need to send an urgent fencing notice covering the work, its cost and why it was urgent. See storm damage.

Renting?

Most renters don't contribute to a dividing fence: the owner is usually responsible. Only renters with at least five years left on their lease may have to, and only if they received the notices the Fences Act requires.

Permits and what's underground

The Building and Plumbing Commission says most fences need a building permit, but a timber side or rear boundary fence up to 2 m high (and up to 1.5 m within 3 m of a street boundary) is exempt. Ask your fencer or a building surveyor before work starts. Planning controls may also apply in some areas, such as for front fences; check with your council.

New posts mean digging. Use Before You Dig Australia, a free service that gets plans of underground pipes and cables from the companies that own them, before any digging at any depth.

Old fences and asbestos

Fencing is one of the places asbestos can be found in homes built before 1990, often as fibre-cement sheeting. Don't let anyone break it up, cut it or water-blast it until it's been checked. See asbestos.

What the fencer's quote should cover

• The fence's length, height and material, and the gate if there is one
• Removing and disposing of the old fence, including asbestos if it applies
• Posts: material, depth and footings
• Any retaining under the fence where the ground levels differ. See brick walls for retaining wall permits
• The building permit, if the fence isn't exempt
• How the cost is split between the neighbours, if the fencer bills you both

Example brief

“Replace 22 m of old timber paling fence between two houses in Reservoir with a new 1.8 m paling fence; the neighbours have agreed to share the cost. Please quote removal and disposal, new posts and palings, and whether a building permit is needed, with the price shown per household.”

Before booking a fencer

• Neighbour's agreement, or a fencing notice
• Urgent fencing notice for storm repairs
• Building permit checked
• Before You Dig Australia before posts go in
• Asbestos checked on an old fibre-cement fence

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