Summary:

A dividing fence separates land owned by different parties. The rules are set out in the Dividing Fences Act 1961.

Any agreement, contract or covenant relating to dividing fences between owners of adjoining land overrides the provisions of the Dividing Fences Act 1961 and in most cases a dispute between neighbours will be dealt with by the Magistrates Court.

What is a dividing fence under the Dividing Fences Act 1961?

A dividing fence is a ‘sufficient fence’ that separates the land of different owners, whether on the common boundary of adjoining lands or in a line other than the common boundary.

 A sufficient fence is described as:

• a fence prescribed by a local law of the relevant local government; or
• a fence agreed upon by adjoining owners provided that it complies with the relevant local law.
• a substantial fence that is ordinarily capable of resisting the trespass of cattle and sheep; or
• a fence determined by a court.

If you erect a dividing fence of a higher standard than a sufficient fence before obtaining the agreement of the adjoining owner, you may only claim half the cost of erecting and maintaining a sufficient fence as defined above. 

If you are unsure of what a sufficient fence is, visit your local government’s website or contact your local government.

If a strata company fence requires replacement, your Strata Manager can assist in determining who is responsible for carrying out the repairs/replacement, as determined by your strata plan.

In the event that the fence was damaged by an insurable cause (eg. storm damage) your Strata Company will assist in the progression of the claim. Contact your Strata Manager to start this process.

Gates & Retaining walls
The following local shires have adopted Fencing Local Law which applies to properties within their jurisdiction. Under Fencing Local Law, a fence is clearly defined and some councils include both retaining walls and gates as part of their definition of a fence.

Who's Responsibility?
To determine who's responsibility the fences are, you need to check the strata plan to determine if the fence is on common property, or bordering a lot(s). 

If the fence is in between two lots (i.e. no CP between the lots) the ownership of the fence is 50/50 between the two lot owners.  

If the property adjoins Crown land the cost is 100% owner, or if the fence is on common property and bordering crown land, then 100% common property.

Read More:

Dividing Fences Guide published by the Building Commission

Section 123 of STA 1985

Example Story:

A older single story strata complex in Doubleview is surrounded by a SuperSix Asbestos Fence, and the adjoining neighbour is another strata complex.

Looking at the strata plan, each lot boundary is the external surface of their wall and common property surrounds the units. Therefore, the boundary fence is the responsibility of the Strata Company.

The SuperSix fence is damaged in multiple places so the Council of Owners asks the Strata Manager to get quotations for a total removal and replacement and forward these to the Strata Manager of the neighbouring complex also.

The neighbouring complex has some funds in their Reserve Fund which they are happy to use to get the fence replaced and one of the quotations is approved by both Strata Companies. The Strata Manager raises an invoice to the neighbouring complex and once payment is made - a work order is then sent. Contractors carry out the replacement.