Boundary Fencing Rules Explained for Sydney Suburbs.
Who is this guide for?
If you’re a homeowner in Sydney planning to build or repair a boundary fence, this guide breaks down the latest 2025 fencing Rules and Regulations NSW, cost-sharing rules, and how to avoid disputes with neighbours.
Table of Contents
Introduction to Boundry Fencing Rules
Boundary fences are more than just privacy screens -they define property lines, enhance security and can even boost your home’s value. Getting it wrong can lead to costly disputes or council fines.
In Australia, fencing laws differ by state. In Sydney (regulated by the Dividing Fences Act 1991) this guide covers.
- Who pays for the fence (spoiler: Usually both neighbors!).
- 2025 updates to height limits and materials.
- How to handle disagreements without going to court?
Let’s dive into the Fencing rules and regulations.
What is a boundary fence?
Here we go with a boundary fence Explanation. As we know a boundary fence separates 2 properties and is typically shared between neighbours. Under Australian law, it must:
- Be on the correct property line. (Get a survey if unsure).
- Meet local council height and material rules.
- Serve the practical purpose (privacy, safety or noise reduction).
Legal vs. non-legal fences.
- A legal fence complies with State/Council rules.
- An illegal fence (e.g., too tall, hazardous materials) can be forced down- even if you’ve already paid for it!
💡 Pro Tip: Check your property plan or hire a surveyor before building. Mistakes can cost thousands to fix.
Who pays for a boundary fence?
Gender Rule: Split Costs 50/50
In NSW , neighbours usually share fence costs equally, however:
| Scenario | Who pays? |
| Standard fence replacement. | 50/50 split |
| One neighbor wants premium materials. | They cover the extra cost. |
| Fence damage by one party (e.g. fallen tree) | The responsible owner pays. |
What if my neighbor refuses?
You can issue a Fencing Notice (formal request to contribute). If they ignore it, mediation via NCAT (NSW) is the next step.
Important: Under boundary fencing rules Australia, costs are shared unless 1 owner causes damage or request upgrades.
Sydney (NSW) Fencing Rules 2025 updates
Key Laws: Dividing Fences Act 1991
- Max height without approval: 1.8 Meters (2.1 meter with council permission).
- Bushfire zone: non-combustible materials (e.g. steel) may be required.
- Coastal areas: Salt- resistant materials recommended.
Dispute resolution in NSW:
- Step one: Serve a Fencing Notice (Instructions here)
- Step 2: If no agreement, apply for mediation via NCAT
- Step 3: NCAT Can order a neighbor to pay their share.
📌 Case Study: A Sydney homeowner in Randwick won an NCAT case after proving their neighbour refused to pay for a damaged fence. The neighbour was ordered to cover 100% of the repairs.
How to handle fencing disputes?
Step by step conflict resolution
- Talk first: Many disputes are solved with a calm conversation.
- Put It in Writing: Use a Fencing Notice to formalize the request.
- Mediation: Free or low cost via:
- NSW: Community Justice Centres.
- Tribunal (Last Resort):
- NCAT (NSW) can issue binding orders.
Tip: “Most fencing disputes are resolved through mediation—avoid court by keeping records of all communication.”
When do you need council approval?
Approval required for:
- Fences over 1.8m (NSW).
- Heritage listed properties (e.g. Sydney suburbs).
- Bushfire-prone areas (specific materials required).
How to check:
- Visit your local council website (e.g. Sydney Council).
- Call their planning department.
Top Tips for homeowners
✅ Survey First: Avoid building on the wrong property.
✅ Get Agreements in Writing: Verbal promises won’t hold up in VCAT/NCAT.
✅ Hire Licensed Fencers: Check reviews and licenses
✅ Keep Records: Save receipts, notices, and council approvals.
🛠️ Pro Advice: “A licensed fencing contractor knows local rules—worth the investment to avoid headaches!”
Wrap Up
Understanding boundary fencing rules Australia saves time, money, and neighbourly relationships. Key takeaways:
- Costs are usually shared—but serve a Fencing Notice first.
- Height limits vary: 1.8m (NSW).
- Disputes? Mediation is cheaper and faster than court.
Need a Fence Installed?
📞 Contact a local fencing expert for a free quote today!