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Fencing Orders

This section has information on how to apply for a 'Fencing Order', if you and your neighbour can’t come to an agreement about fencing work.

If you can’t reach an agreement with your neighbour, either of you can apply for a Fencing Order. A Fencing Order is a court or tribunal order about what fencing work should be done and how the costs of that fencing work should be shared.

You can apply to the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT) or the Local Court for a Fencing Order. 

A Fencing Order is a decision made by NCAT or the Local Court about what fencing work must be done. The order can cover: 

  • what the fence should be made of
  • how high the fence should be
  • where the fence should be built
  • when the fence should be built
  • how the costs of the fencing work should be divided between neighbours.

To apply for a Fencing Order, you must fill in an application form and pay a filing fee. You can make an application to either the Local Court or NCAT. They can make the same orders.

An application for a Fencing Order can only be made if a Fencing Notice was served by you or your neighbour at least one month earlier. For more information, see What if we can’t agree?

Before you decide where to apply, you should consider the following:

  • NCAT aims to have cases listed within four weeks after the application. The Local Court waiting times will vary. Some Local Courts in rural areas are not open every day and it may take longer before a case is listed. Contact your Local Court to check the waiting times.
  • NCAT will ask parties to discuss the dispute and try to come to an agreement, before having a hearing. This is called a conciliation. The Local Court may refer the parties to a separate mediation service but there is no mediation or conciliation​ help provided by the court.
  • NCAT is not bound by rules of evidence. This means that NCAT can be less formal than the Local Court in the way it hears matters.
  • If you or the other owner of your neighbouring property lives in a different State, NCAT may not be able to determine your matter. This may mean that NCAT helps you to mediate but will tell you that you need to go to the court if you want a decision on your matter. For more information, see Federal jurisdiction on the NCAT website.
  • If you need to enforce an order made by NCAT, there are some extra steps, and an extra fee. You will first need to register the order with the Local Court of NSW and pay an extra fee. 

Applying for​​​ a Fencing ​Order at NCAT  

To apply for a Fencing Order at the NSW Civil and Administrative Tribunal (NCAT), you will need to complete an application form. NCAT has a number of divisions that deal with different types of matters. If you have a fencing dispute you will need to apply to the Consumer and Commercial Division of NCAT.  For more information, see Step by step guide - Completing your NCAT application.

A notice of conciliation and hearing will be sent to you and your neighbour telling you the place and time that you have to attend NCAT.

Before the conciliation and hearing date, you should start preparing your case. You should consider what you may need to take to the hearing and what you should say. For more information about going to NCAT and preparing for the hearing see: 

 

Responding to​​​ an application for a Fencing ​Order at NCAT  

If you have received a letter from NCAT telling you that your neighbour has made an application for a Fencing Order you should:

  • check the date your matter has been listed
  • read the application carefully and see what your neighbour is asking for 

You should start preparing your case as soon as possible. Consider what you may need to take to the hearing and what you want to say. For more information about going to NCAT and preparing for the hearing see: 

Applying for​​​ a Fencing ​Order at the Local Court  

To apply for a Fencing Order at the Local Court, you will need to complete an application form, attach the Fencing Notice and any quotes that you may have. You will then need to pay a filing fee and send the application to the Local Court. For more information see Step by step guide - Completing your Local Court application.

After you have filed your application, you will have to serve it on (give it to) your neighbour. There are a number of ways you can serve your application.

The Local Court will write the date and time your case will be heard on the application. The first court date is called a 'mention'. You must go to court on the mention date. For more information see, Going to the ‘mention’ .

At the mention the magistrate may:

  • refer your case to mediation
  • adjourn (postpone) the case for another mention
  • list it for hearing.

If your matter is listed for hearing, you should start preparing your case. You should consider what you may need to take and what you should say.  For more information, see:

 

Responding to an application for a Fencing Order at the Local Court 

If you have been served with (given) a copy of an application for a Fencing Order, you should: 

  • check the date your case has been listed for 'mention' (this is the first court date)
  • read the application carefully and see what your neighbour is asking for
  • check if your neighbour has attached a Fencing Notice
  • check if your neighbour has any quotes.
  

You do not have to file any forms in response to the application, however, you must go to court on the mention date. For more information see, Going to the ‘mention’ .

For more information about preparing for a hearing at the Local Court for a fencing order, see :

  • Alert

    Alert

    NCAT and the Local Court can transfer applications to one another. This means that if your neighbour has made an application to the Local Court, but you think that the case should be decided by NCAT, you can ask the Local Court to transfer your matter to NCAT.