Sufficient Dividing Fence Between Neighbours
The Town’s Fencing Local Law 2021 defines a sufficient fence as:
- a fence constructed and maintained on a residential lot in accordance with the specifications and requirements of Schedule 1;
- a fence constructed and maintained on a non-residential lot in accordance with the specifications and requirements of Schedule 2;
- a dividing fence erected on or near the boundary between a residential lot and a non-residential lot constructed and maintained in accordance with the specifications and requirements of Schedule 1;
- a fence lawfully erected prior to this local law commencing; or
- a fence approved by the local government under Part 5 of this local law; or
- a fence approved by the local government under a local planning scheme, other than a fence constructed of masonry exceeding 1.2m in height, which requires separate approval under Part 5 of this local law.
Refer to Schedule 1 and 2 of the Town’s Fencing Local Law for sufficient fencing specifications and requirements on a residential lot and non-residential lot. The sufficient fence specifications and requirements of the Fencing Local Law are for the purposes of defining a sufficient fence under the Dividing Fences Act 1961.
Building, Repairing or Replacing a Dividing Fence
Owners looking to construct, repair or replace a dividing fence are strongly advised to find out their obligations and responsibilities as defined in the Dividing Fences Act 1961.
Refer to Dividing Fence Matters – Overview from the Department of Mines, Industry Regulation and Safety (DMIRS) website which provides detailed information on owner responsibilities.
Dividing Fence Height
The height of a dividing fence is the vertical distance between the top of fence height and ground level, and excludes any retaining walls. Where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point is applied.
Generally, the height of a dividing fence on a residential and non-residential lot is required to be a minimum 1.8m to a maximum of 2.4m. A dividing fence on a residential lot located forward of the building line towards the street, secondary street or a right of way (even if it is along the side boundaries of the lot) is subject to other height requirements under Clause 6 and 7 of the Town’s Local Planning Policy 25 – Streetscape.
Do Dividing Fences Require a Building Approval (Building Permit)?
Any dividing fence that is brick or masonry and is more than 0.75m high requires a building permit application lodged to the Town. Generally, it is recommended to contact the Town Building Services prior to submitting a building permit application to the Town for a dividing fence made of materials other than brick or masonry higher than 1.8m high, in case it may not be required.
Further information about the process on lodging a building permit including building fees and application forms and building checklists can be found on the Town’s website.
Do Dividing Fences Require Development Approval?
In most cases, no.
A dividing fence on a residential lot located forward of the building line towards the street, secondary street or a right of way (even if it is along the side boundaries of the lot) is considered to be a ‘street fence’. A street fence is subject to other requirements under Clause 6 and 7 of the Town’s Local Planning Policy 25 – Streetscape.
Neighbour's Overhanging Branches and Tree Roots
Refer to the Dividing Fences and Other Boundary Issues from Legal Aid Western Australia website frequently asked questions relating to neighbour’s overhanging branches and tree roots on the Land Adjoining the Dividing Fence.
Liaising with Your Neighbour on Dividing Fence Matters
Neighbour agreement may be required prior to making any changes to a dividing fence. Refer to Dividing fence Matters – Overview from the DMIRS website which provide details on owner responsibilities.
It is suggested you liaise with your neighbour verbally and follow up any agreements or disputes in writing relating to a dividing fence. Example letters are available from the DMIRS website.
If you do not know the name of the owner of the property next door, you may be able to get neighbours details by:
- Checking with the tenants or property manager if the property is rented or leased;
- Performing a land title search through Landgate; or
- Contacting the Town’s Rates team by email, rates@vicpark.wa.gov.au to request the neighbour’s name and postal address only in relation to a dividing fence matter.
Mediation on Dividing Fence Matters
The Town can direct your neighbour to construct a sufficient fence in accordance with Town’s Fencing Local Law, however the Town has no statutory ability within the Dividing Fences Act 1961 to direct or provide adjudication of costs. The Town does not offer a mediation service when agreement cannot be reached. Dividing fences are a civil matter to be resolved by the aggrieved parties.
If you have tried mediation and cannot reach an agreement the Magistrates Court is able to deal with issues in relation to dividing fences.