Your rights and obligations

Normally the owners of neighbouring properties must equally share the cost of:

• building a dividing fence where there is not one.  
• repairing or replacing a dividing fen​ce where the original fence has been damaged, destroyed or has deteriorated
• repairing or replacing a dividing fence that is not a “sufficient” dividing fence
   

Fencing work may involve a number of different costs, including the costs of:

• designing the fence
• surveying the land on either side of the boundary
• preparing, cleaning or altering the land
• planting, trimming or lopping vegetation
• building, fixing or replacing the fence
• building, fixing or replacing a  ‘retaining wall’ that supports or maintains the fence. For more information about this, see Retaining walls.

Costs may not have to be shared equally if:

• One neighbour wants a dividing fence that is of a greater standard than what is ‘sufficient’
  If one neighbour wants a dividing fence that is of a greater standard than what is ‘sufficient’, they will usually have to pay the difference between the cost of a sufficient dividing fence and the cost of the fence they want. This is because neighbours are only expected to equally share the cost of a sufficient dividing fence.
  For more information see the section above, What type of fence should be built?

• The original dividing fence was damaged or destroyed by an owner or occupier of the land
  If one neighbour (or their tenant) has destroyed or damaged a fence, they will usually be responsible for paying the repair or replacement costs of restoring the fence to its previous condition.

• One neighbour is willing to pay the entire cost of building, fixing or repairing a dividing fence.
  Fencing work on a dividing fence must be done with the agreement of both owners of neighbouring property. However, if one owner is happy to pay the entire cost of building, fixing or repairing a dividing fence then their neighbour will not have to share fencing costs with them. It is still important for neighbours in this situation to talk about what type of fence will be built and where it will go.
  

• Your neighbour is a public authority such as a local council or the Department of Housing
  Public authorities (for example, local councils) do not have to contribute to fencing costs. If you live next to a public authority and you would like them to contribute, you can try and negotiate. If your negotiations are unsuccessful and you want to take further action you should get legal advice.

• The dividing fence is also part of a swimming pool fence
  If the dividing fence is part of a fence around a swimming pool, the owner of the swimming pool will usually have to pay the costs of the section of the dividing fence that is also part of the swimming pool fence.

• Fencing work was done without agreement or a Fencing Order (unless the fencing work was urgent)
  You and your neighbour will usually need to agree on the fencing work to be done.

If you and your neighbour cannot reach agreement, either of you can serve a Fencing Notice. If you still can’t reach an agreement after a month has passed, you or your neighbour can apply to the Local Court or the NSW Civil and Administrative Tribunal (NCAT) for orders about the fencing work to be done (Fencing Orders). 

However, if urgent fencing work is required, one neighbour may get the fence built without agreement or a Fencing Order and still be able to claim half the costs. For more information, see Urgent Fencing work  

You should contact your local council to find out about any restrictions on the kind of fence you can build. Many councils have rules about how high fences can be, and some councils have rules about the sorts of materials you can use (for example, in areas where there is a risk of bushfires, the council may not let you have a wooden fence).

You can find your local council's contact details at the Lo​cal Council Directory.

If you have a swimming pool, the fence that you build will need to comply with laws about swimming pool fences. For more information, see  Pool inspection self-assessment checklists on the  NSW Swimming Pool Register website.

Covenants

Sometimes there may be limits on how you can use your land. One type of limit is called a covenant. For example, there may be a covenant that no structure will ever be built on a certain part of your land. A covenant may be noted on your Certificate of Title.

If you own a property where a covenant has been made, you must comply with that covenant unless the covenant is lifted (extinguished). This may affect what type of fence you and your neighbour can agree to.

Easements 

An easement allows someone to use land that belongs to another person for a specific purpose. Common easements include easements for drainage and easements that provide a right of way.

An easement may affect what sort of fence you and your neighbour can build. For example, if you have a right to walk through your neighbour's property to reach the road, your neighbour should not build a fence that stops you from doing so.

Restrictions on User

Another type of limit that might affect the type of fence you can build on your land is called a "restriction on user." A restriction on user may prohibit you or your neighbour from building a dividing fence or may say that you can only have a fence built out of certain types of material. A restriction on user will be recorded on the Certificate of Title for your property.