Fencing law in Victoria

Your rights and obligations 

The Fences Act 1968 (External link) contains rules about who pays for a dividing fence, the type of fence to be built, notices that neighbours need to give one another and how to resolve disputes that come up when discussing fencing works with your neighbour.

Dividing fences are joint property

A dividing fence separates two pieces of land. Unless it’s impractical, a dividing fence must be built on the boundary line. Otherwise, this could result in claims of adverse possession.

Both neighbours have the same rights and obligations when it comes to building or repairing a dividing fence, even if it’s not located on the common boundary.

Defining a common boundary

Practising licensed surveyors are the only surveyors who are authorised to perform boundary surveys, under the Surveying Act 2004.  (External link)

Find more information about boundary surveys (formally known as cadastral surveys) on the Land Use Victoria website. (External link)

Fencing costs are shared equally between neighbours 

But this will depend on whether:

• the current fence needs to be repaired or replaced 
• one neighbour wants a different or more expensive fence 
• one neighbour has deliberately or negligently damaged the fence – they must pay for repairs. 

You may also need to share the cost of more than just the fence itself. This can include subsidiary works such as:

• the design of a dividing fence
• clearing the land so a fence can be built or repaired 
• removing the existing fence 
• having the land surveyed to find the common boundary
• obtaining any approval required
• using temporary barriers.

You must pay for a sufficient dividing fence 

The law in Victoria doesn’t say how tall a fence should be or what it should be made from. It says that neighbours should contribute equally to a ‘sufficient dividing fence’ which depends on things like: 

• the style of the existing dividing fence (if there is one) 
• how you and your neighbours use the land 
• reasonable privacy and security concerns 
• the types of other fences used in your local area. 

For residential properties, a sufficient dividing fence might be a 1.8 metre timber paling fence. For rural properties, a sufficient dividing fence might be a wire and post fence.

Most residential or retail tenants do not have to contribute to fencing works

The owners of the land are usually responsible for the construction, maintenance and costs of fences. In some cases, long-term renters may be required to contribute to the cost of fencing works, depending on the remaining length of their lease. 

A long-term renter is only liable to pay if they receive the specific notices required under the Fences Act. These notices can be found in the Fences Regulations 2024 (External link).

Preparing to repair, replace or build a new fence 

Check council planning rules 

Different council areas may have different rules and regulations. Check your local council’s website (External link) for information about fencing in your neighbourhood.

Typically, new fences are built the same as the old one  

If you or your neighbour want something different like a higher fence or one made of more expensive materials, the person who wants this pays the difference in cost between a sufficient dividing fence and the higher standard. If you both agree, you can share the extra cost. 

Positioning fence posts and rails 

If you and your neighbour can agree on where the rails and framing of the fence should face, then you can build as agreed. If you can’t agree, the law says if the dividing fence is:

• between two residential properties: the rails and framing should go on the same side as the existing dividing fence, if there is one
• between residential land and commercial land: the rails and framing should face into the residential land 
• between residential or commercial land and land with public access: the rails and framing should face into the residential or commercial land. 

If there’s no existing dividing fence, the rails and framing should go on the side least subject to weathering. A fencing contractor may be able to help you work out which side this should be.

Finding the owner’s contact details 

If you don’t know who owns the neighbouring property: 

• if it’s a rental property, ask the current tenant for the property manager’s or owner’s details 
• call your local council (External link) and say you want to send the owner next door a Fencing Notice but don’t have their contact details 
• run a title search on the LANDATA website (External link) to find the owner’s details (Fees apply).  

If you still can’t find the owner you should get legal advice. If you want the owner to contribute money you’ll need a Magistrates’ Court order before any work begins. Visit the Dispute Settlement Centre of Victoria’s website (External link) to learn more about this.

Talking to your neighbours about a new fence 

It’s normal to feel nervous about approaching your neighbour, especially if you don’t have an existing relationship or you've had issues with them in the past. But it’s a very important step to resolve the issue. 

Managing disputes and further information

For information on handling fencing-related disputes and tips on talking to your neighbour, visit the Dispute Settlement Centre of Victoria website. (External link)

For more information about the Fences Act, read the ‘Houses, communities and the road section’ of the Law Handbook website. (External link)

Fencing notices 

A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence.

Your neighbour has 30 days to respond from the day they receive the Fencing Notice. It’s a good idea to send it to them by registered post (External link) so there is proof that they have received it. 

If they agree, you can build as per your proposal. If not, you’ll need to negotiate a solution. 

You don’t have to use a Fencing Notice 

If you agree on everything, many people just sign the agreed quote for the job to formalise the agreement. 

But keep in mind that if you don’t use a Fencing Notice, it’s harder to prove there was an agreement if something goes wrong.

Download the fencing notice template from the Dispute Settlement Centre of Victoria’s website. (External link)

Urgent repairs to a damaged fence

Where a dividing fence is damaged or destroyed and needs to be repaired urgently, you can undertake the fencing works without giving your neighbours notice or getting their agreement. It is still recommended to talk to them about what you are going to do first.

Whether or not works need to be carried out urgently will depend on the circumstances. Not all required fencing work is urgent fencing work. Examples of urgent work include where the dividing fence has been damaged or destroyed by a falling tree or branch or by fire or a flood.

If you undertake urgent fencing works and then want your neighbour to contribute to the cost, you will need to give them an urgent fencing notice. It gives your neighbour an opportunity to have a say. 

An urgent fencing notice includes things like:

• type of fencing works that were done
• cost
• reason for the urgency. 

Urgent fencing work that may be carried out under the Fences Act is subject to a lease agreement that makes provision for repairs or urgent repairs in relation to the Residential Tenancies Act 1997 (External link) or the Retail Leases Act 2003. (External link)

Download the urgent fencing notice template from the Dispute Settlement Centre of Victoria’s website. (External link)

Properties next to public parks and government owned land

Particular types of Crown land are exempted from contributions toward fencing works. The government may choose to contribute in some circumstances, but this is not required by the Fences Act.

Where a council, other body or person owns or manages land for the purposes of a public park or reserve, then they are not considered to be an ‘owner’. This means they do not have to contribute to fencing works for a dividing fence between that land and privately owned land.

Buildings and building work on common boundaries

Building work on boundaries may involve: 

• demolition of existing walls, which may mean a new fence is needed - This work may happen before the start of fencing work if a new fence is to be built
• new construction on a boundary line that replaces the need to have a fence. 

Building and protection work of a building on the common boundary is not fencing works and is subject to the Building Act 1993 (External link). Visit the Victorian Building Authority website (External link) for information on protection work.