A Fence requires Development Approval where the height exceeds 2.1m (measured (if relevant) from the lower of the 2 adjoining finished ground levels) in the case of colorbond or timber fencing, or 1m in the case of a masonry fence.
Any fence in a historic policy area or to a heritage item requires council approval regardless of height or type.
Council is not responsible for the administration of the Fences Act, and has no role to play in resolving disputes between neighbours about dividing fences.
For information about dividing fences and the legal procedure you need to follow when you want to erect, replace or repair a boundary fence please refer to the Legal Services Commission information guide for neighbours 'Fences and the Law'. pdf
Due to fire safety concerns, any brush fence closer to a structure than 3m also requires Development Approval.
Boundaries & Encroachment
The identification of boundaries is the responsibility of the owner of the land. Council employees cannot determine the location of the boundary nor the width of the Council verge. Council does not employ a licensed surveyor and is unable to locate property boundaries or boundary pegs.
A licensed land surveyor, (found in the Yellow Pages), can determine where boundaries are located.
A Certificate of Title provides information on the parcel of land and shows the lengths of the boundaries but does not locate these out on site. A copy of a Certificate of Title is available from the Lands Title Office.
It is important to note that a fence is not necessarily positioned on the boundary and should not be used to determine the boundary location.
Where a structure is built over a boundary or overhangs the boundary, it is called Encroachment. This is a civil matter to be dealt with between the two property owners concerned.
If a fence or other structure is built on Council property without the Council's permission, the customer may be liable for the costs of removal of that structure and could be liable for any damage or injury associated with the structure.
Note: Please refer to Retaining Walls page for information specific to retaining walls.