Dividing Fences

Arrangements concerning fences between properties (such as cost, replacement, etc) are determined by the involved parties under the Dividing Fences Act, which is administered by the Department of Lands who can act as a mediator in disputes.

Council does not provide advice to property owners on the provisions of this Act and if necessary each property owner should seek their own legal advice or contact their local Community Justice Centre.

The Office of the Director and Administration for Community Justice Centres is located at Level 5, Parramatta Justice Precinct, 160 Marsden Street, Parramatta. Phone 8688 7455 or email cjc_info@agd.nsw.gov.au.

General procedural advice on how to lodge applications with the Local Land Board to determine disputes can be obtained from the Land Board Registrar at Parramatta telephone (02) 9895 7715.

Generally Council is exempted under the Act from contributions to dividing fences between parks, roads and other community property. Please see Council’s Fence Contribution Policy for details on when Council may contribute.

The Privacy Act restricts Council from providing personal information relating to property owners, however for the purposes of the Dividing Fences Act it may be possible for contact details of an adjoining owner to be obtained. Such requests must be in writing and contain the reason for the request of the information.

Council’s only involvement with dividing fences is where a development application is required to be submitted because the fence is:

• over 1.8m in height, or
• of masonry construction, or
• a condition of development consent.