What if we can't agree?

This section has information about what happens when you and your neighbour can’t agree on fencing work.

If you and your neighbour can't agree about fencing work, the law says you have to follow a set process. Either you or your neighbour can serve (formally give) a Fencing Notice. If you still can't reach an agreement after a month has passed, you or your neighbour can apply to the Local Court or the NSW Civil and Administrative Tribunal (NCAT) for Fencing Orders. 

You could also try mediation, either before a Fencing Notice is served, or after.

If you and your neighbour can't agree about fencing work because you disagree about where the common boundary between your properties is, either of you can serve a Boundary Notice.

  • Time Limit

    If you or your neighbour serve a Fencing Notice and, after one month passes, you still can’t agree (or if there is no response to the Fencing Notice),  either of you can apply to the Local Court or the NSW Civil and Administrative Tribunal (NCAT) for a Fencing Order. For more information, see Fencing Orders.