A Fencing Notice is the first step in the legal process to ask for an order for fencing work to be done. If you want to serve (formally give) your neighbour with a Fencing Notice, this page sets out the steps you should take.
There is no specific Fencing Notice form that you have to use. You can write the notice yourself. You should make sure you include the following:
It is a good idea to get a written quote for the proposed fencing work and attach it to the Fencing Notice. For completed examples of Fencing Notices, see below:
After you have completed your Fencing Notice, you need to serve it on (give it to) the owner of the adjoining property.
You can serve the Fencing Notice on the owner either:
If a tenant lives on the property, you will need to find out the owner's name and contact details so you can serve them with the Fencing Notice. For more information, go to Finding your neighbour in Talk to your neighbour.
If you cannot serve the Fencing Notice because you cannot find your neighbour, you may still be able to apply for a Fencing Order. For more information, see Fencing Orders.
You should make a copy of the Fencing Notice before you send it, and make a note of the date you gave it to the owner or sent it by post.
The owner has one month to respond to the Fencing Notice.
If the owner doesn’t respond or you can’t come to an agreement and one month has passed, the next step is to apply to the Local Court or the NSW Civil and Administrative Tribunal (NCAT) for a Fencing Order. For more information, see Fencing Orders.
You could also try talking to your neighbour or asking them to go to mediation before you decide to apply for a Fencing Order.
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.
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