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Fences

Information about dividing fences, boundaries and retaining walls.

A dividing fence is a structure that separates neighbouring properties. It will usually be on the common boundary between the two properties. A dividing fence can be made out of all sorts of materials, for example bricks, metal or wood. It may also be a ditch, embankment or vegetation, for example, a hedge. It does not include a retaining wall, unless the wall is needed to support and maintain the fence.

Do you and your neighbour have a fencing dispute? This section has information about issues that may come up when you are trying to build, fix or replace a dividing fence

For more information, see Your rights and obligations.

Sometimes when a fence has been damaged or destroyed, it may be necessary to urgently fix it or replace it. This section has information about what to do when you or your neighbour need to do urgent fencing work.

For more information, see Urgent fencing work.

It is important to talk to your neighbour about your fencing issue, so you can resolve your dispute without going through the court process. If you don’t know who your neighbour is you can take steps to find out who owns the property.

For more information, see Talk to your neighbour.

If you and your neighbour reach an agreement about your fencing issue, you can put the details into a written agreement. If one neighbour does not do what they agreed to, it may be possible to enforce the agreement.

For more information, see What if we agree?

This section has information about what happens when you and your neighbour can't agree on fencing work, including going to mediation and sending a Fencing Notice.

For more information, see What if we can’t agree?

If you can’t reach an agreement with your neighbour, you can apply for a Fencing Order with NSW Civil and Administrative Tribunal (NCAT) or the Local Court.  This section has information about how to apply for a Fencing Order and preparing for the hearing.

For more information, see Fencing Orders.

This section gives you information about what happens after a decision about fencing work has been made by the NCAT  or the Local Court, including enforcing the decision if one neighbour does not follow the Tribunal or Court orders.

For more information, see After the decision.

This section has information about what can happen when neighbours disagree about where the boundary is, including 

 

  • determining the boundary for fencing work
  • determining the boundary for other reasons

For more information, see Boundaries.

This section has information about retaining walls including:

  • what a retaining wall is
  • who should pay
  • how to determine whether you need approval before building a retaining wall

For more information, see Retaining walls.

Contact us

If you have a legal problem in NSW, Legal Aid NSW is here to help you.

Resolving fencing disputes

This guided pathway explains what you can do if you or your neighbour want to do fencing work but can't agree, based on the responses you provide.

Forms - Fences

The instructions, sample forms and other documents in the Fences topic.