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Fences, boundaries and retaining walls

Information about disputes between neighbours over boundaries, fences and retaining walls.

  • This topic covers

    This topic covers

    • Building, replacing or repairing a dividing fence or retaining wall
    • Urgent fencing work
    • Applying for a Fencing Order from the NSW Civil and Administrative Tribunal (NCAT) or Local Court of NSW
    • ​Boundary surveys

Time limitAction
Applications
Seven daysIf you applied to the Consumer and Commercial division of NCAT, and your matter was dismissed because you missed a hearing date, you have seven days from the date of dismissal to apply to have the proceedings reinstated, if you have a reasonable excuse for not attending. It may be possible to get an extension of this time, but you should get legal advice about your circumstances.
Seven days

To apply for an order to be set aside or varied in the Consumer and Commercial division of NCAT.

An order may be set aside or varied:

  • if you and the other party agree, or
  • if a decision was made without you or the other party being present.

It may be possible to get an extension of this time, but you should get legal advice about your circumstances.

One monthYou can apply for a Fencing Order from the NSW Civil and Administrative Tribunal (NCAT) or the Local Court of NSW one month after a notice to fence has been served and no agreement has been reached with your neighbour.
Six yearsFrom the date that the property damage occurred to start legal action for negligence, nuisance or trespass.
Six yearsFrom the date of the order to register an NCAT order with the Local Court of NSW. Once the NCAT order is registered, you have 12 years from the date of registration to enforce the judgment debt.
Six yearsTo start legal action in the Local Court of NSW to recover money that is owed to you.
12 yearsTo enforce a judgment debt.
Appeals
Seven daysA decision of the NSW Civil and Administrative Tribunal (NCAT) can be set aside or varied within seven days of an order being made. An order may be set aside or varied if you and the other party agree or if a decision was made without you or the other party being present. It may be possible to get an extension of time, but you should get legal advice about your circumstances.  
28 days

To appeal a decision to the NCAT Appeal Panel from:

  • when you were notified of the decision of NCAT, or
  • given reasons, either orally or in writing, 

whichever comes later.

28 daysTo appeal a decision of the NCAT Appeal Panel to the Supreme Court of NSW.
28 daysFrom receiving the notice of determination from the Registrar General to appeal to the Land and Environment Court.
12 monthsIf a work order has been made by NCAT and it has not been complied with, a renewal application must be made by the time specified in the orders. If no time was specified, then the application should be made within 12 months after the work was meant to be completed.

Organisation

OrganisationResponsibilities
NSW Land Registry Services​NSW Land Registry Services​ can determine the boundary line if there is a dispute.

NSW Civil and Administrative Tribunal (NCAT​)

Local Court of NSW

The NSW Civil and Administrative Tribunal (NCAT​) and the Local Court of NSW can make orders for fencing work, including retaining walls where the wall is needed for the support and maintenance of the dividing fence. 
Supreme Court of NSWRetaining wall disputes (where the retaining wall does not support or maintain the dividing fence) are usually heard in the Supreme Court of NSW.

Legislation

AuthorityCovers
Dividing Fences Act 1991 (NSW)

The Dividing Fences Act 1991 (NSW) sets out the law for dividing fences, including:

  • the responsibility of adjoining owners to share the cost of a sufficient dividing fence in certain circumstances
  • retaining walls, but only where the wall is necessary for the support and maintenance of the fence
  • the responsibilities of owners where there is a boundary dispute.

Common termDefinition
Bou​ndaryThe line d​ividing two properties.
Dividing fenceA structure that separates adjoining (neighbouring) properties. A dividing fence can be made from different kinds of materials, for example bricks, metal or wood. It​​​ may also be a ditch, embankment or vegetation, for example, a hedge.
​Fencing notice​A written notice sent to a neighbour that says that they plan on building, fixing or replacing a dividing fence. A fencing notice will usually include a copy of a quote from a fencing contractor and also set out details on how the cost will be shared between the adjoining owners.
​Fencing order​A fencing order is an order made by the NSW Civil and Administrative Tribunal (NCAT) or the Local Court when two adjoining owners can’t agree about a dividing fence.
Fencing workAny work that takes place as part of designing, building, fixing or replacing a dividing fence. This includ​​es surveying and preparing the land along the common boundary.
​Federal jurisdiction problem​When NCAT may not be able to determine certain applications because the Commonwealth Constitution does not allow it. For example, where one party is not a resident of NSW, NCAT will not be able to determine a matter. This does not apply to corporations, residents of a Territory or a person who resides overseas.
Retai​​ning wallA struct​ure built to support or hold back earth.

Sufficient div​iding fence

The Dividing Fences Act 1991 (NSW) states that owners must share the cost of building, repairing or replacing a sufficient dividing fence between their properties (unless the dividing fence acts as a barrier for a swimming pool or where the fence has been damaged by one owner). What is a sufficient dividing fence will depend on: ​

  • the standard of the existing fence, if there is one
  • other kinds of fences in your area
  • the way the land on either side is used
  • Local Council requirements.
Tre​​​spassEntry on to another person's land without their per​mission.

OrganisationFee
NSW Local Court

You have to pay a fee to apply for a Fencing Order in the Local Court - see Fees on the Local Court website.

You don't have to pay a separate filing fee to the Local Court for diversity jurisdiction proceedings if you have already paid a filing fee to NCAT. You may have to pay a fee if there has been a substantial change to your application.

NSW Civil and Administrative Tribunal (NCAT)

You have to pay a fee to apply for a Fencing Order in NCAT. Higher fees apply if the applicant is a company or more than $10,000 is claimed. There are concession fees for people on a government pension or benefit - see Fees at NCAT on the NCAT website.

You have to pay a fee to apply to appeal, reinstate the proceedings, renew proceedings, set aside or vary orders in NCAT - see Fees at NCAT on the NCAT website.

If you can't afford to pay the fee, you may be able to apply for an exemption, reduction or waiver - see Reduced fees and fee waivers on the NCAT website. 

NSW Land Registry ServicesYou have to pay a filing fee to apply to the Registrar General of NSW to determine the boundary - see Land Title Fees on the NSW Land Registry Services website.

 

OrganisationForm
NSW Local Court

Application Notice - Order for Dividing Fence Work

If there is federal jurisdiction problem you can apply to the Local Court by filing a Summons form and supporting affidavit - see the Uniform Civil Procedures Rules (UCPR) Forms website.

NSW Civil and Administrative Tribunal (NCAT)Commercial list application
NSW Land Registry ServicesDetermination of title boundary - form 14TB
My problem is aboutForms - Fences

OrganisationTypeCosts
NSW Local CourtLegal costsIf you are successful, you can ask for any legal costs you have paid to be paid by the other party. If, however, you lose the case, you may be ordered to pay the legal costs of the other party.
NSW Civil and Administrative Tribunal (NCAT)Legal costsYou have to pay your own legal costs - see Costs in the Consumer & Commercial Division - Guideline on the NCAT website.
Office of the Registrar GeneralSurvey or investigation costsThe Registrar General may require further reasonable costs be paid by the applicant if a survey or further investigation is required in a Boundary determination.
Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about disputes between neighbours over fences, boundaries and retaining walls.

Go to questions

More services

Community Justice Centres

Community Justice Centres provide mediation services for disputes about fences, trees, noise, animals, privacy and access to property.

Community Legal Centres

Community legal centres give free and confidential legal help to people in need.

Local Councils

Find your local council using the Office of Local Government website

NSW Land Registry Services

NSW Land Registry Services create and maintain land title records on behalf of the NSW Government. You can use the Online Portal to access land title services

Solicitor Referral Service

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Last updated: January 2024