Dividing Fences Act & Cost Sharing

Statutory principles governing common boundary walls and fences. Understand the 50/50 cost-split rule, service of notice, and dispute resolution.

The General Principle: Equal Contribution (50/50)

Adjoining property owners are legally required to contribute equally to the construction, repair, or replacement of a sufficient dividing fence. A "sufficient fence" is defined by what is standard and customary for residential properties in that immediate locality (e.g., standard 1.8m treated pine lapped-and-capped or Colorbond steel).

Upgrades Above Standard: If one neighbour requests a higher specification (e.g., 2.1m acoustic wall, masonry plinths, or decorative modular fencing), that owner is legally responsible for 100% of the cost difference above the benchmark price of a standard sufficient fence.

The 4-Step Statutory Notice Process

01. Quotes

Obtain 2 Written Quotes

Secure at least two itemised quotes from licensed fencing contractors specifying post depth, materials, and total lineal metres.

02. Notice

Serve "Notice to Fence"

Serve a formal written Notice to Fence in person or by registered mail. Do not demolish existing fence before serving notice.

03. Response

Statutory Waiting Period

Wait 14 days in NSW or 30 days in VIC for your neighbour to respond, accept the proposal, or present counter-quotes.

04. Execution

Begin Work or Resolve

If agreed, proceed with works. If an agreement cannot be reached, apply to the local tribunal (NCAT / VCAT / QCAT) for an order.

State Dispute Tribunals

New South Wales (NCAT)

Dividing Fences Act 1991 orders resolved via NCAT Consumer and Commercial Division.

NCAT Portal →

Victoria (Dispute Settlement)

Free mediation via Dispute Settlement Centre of Victoria (DSCV) prior to VCAT lodgement.

DSCV Portal →

Queensland (QCAT)

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 orders issued through QCAT.

QCAT Portal →