When building a fence around your home in Australia there are several legal aspects to consider. Fencing is not just about security, privacy or aesthetics but also about meeting some laws and regulations. Homeowners must know about property boundaries, zoning laws, building codes and local council regulations to avoid potential disputes or legal issues. This article will cover premier news legal factors for residential fencing in Australia so homeowners can make informed decisions before embarking on any fencing project.
Property Boundaries and Fencing Rights
The first and most important legal consideration when building a fence is the property line. Property lines are important in Australia and any fence built on or near the boundary can cause problems with neighbours. Homeowners must know exactly where their property line is before they start construction. This can be done by getting a surveyor’s report or reviewing the title deeds of the property. If the fence is built too close or along the boundary the neighbour will contest that the structure is encroaching on their property and could result in costly court action. Neighbours should be consulted before construction to avoid any confusion or tension.
Fencing Disputes and Shared Responsibilities
In Australia fences along the common boundary between two properties are shared responsibility. This means both property owners typically split the cost of building, repairing and maintaining the fence. The rules for shared responsibility vary by state and territory so be sure to know the local legislation. If there is a dispute about the construction of the fence, its maintenance or cost homeowners will try to resolve it amicably by talking to their neighbour. If this can’t be achieved the matter may need to go to local court. In some cases if a neighbour doesn’t want to split the cost they may be forced to under local regulations.
Council Regulations and Permits
Local governments all over Australia have some regulations and guidelines for the height, appearance, and composition of fences. These regulations are usually intended to maintain the aesthetic and safety qualities of residential neighbourhoods. For example, in residential areas, fences may be restricted to certain heights (e.g., 1.8 meters) so that they do not obstruct visibility or disrupt the visual beauty of the neighbourhood. Prior to the installation of a fence, proprietors will need to look into their council for determining whether there is a required permit. In other situations, like a fence that is excessive in height, near a public place, beside a road, or at the corner lot, the home builders must submit a development application. This ignores their requirements of not complying, whereby penalties are open to be instituted in terms of fines or even removal or retouching of the fence.
Boundary Fencing Laws in Different States and Territories
All Australian states and territories have their own laws and regulations regarding boundary fencing, and owners are recommended to familiarize themselves with the legislation in their state. In New South Wales, for example, the Dividing Fences Act 1991 provides a guide to resolving disputes over boundary fences, setting out guidelines on sharing costs and managing disagreements. Similarly, in Victoria, the Fences Act 1968 dictates how fences are to be constructed, for example, who is to pay for repairs and maintenance. Owners need to read the relevant state or territory legislation so that they are aware of their rights and obligations before they construct a fence.
Neighbourly Communication and Mediation
While legal documents and orders from the council are essential, neighbourly communication is just as essential. Being a homeowner thinking of erecting a fence, it is prudent to consult the neighbours first before erecting a fence, especially when it comes to a shared fence. Frank and respectful conversation can deter going down pointless disputes and help to encourage nice neighbours. Where there are disagreements, mediation services can settle the issue without the need for costly and time-consuming legal action. Several councils in Australia have mediation services for local disputes, such as fence disputes. Mediation allows both sides to negotiate a mutually acceptable solution, perhaps without resorting to court.
