Who Pays for a Dividing Fence?

The Dividing Fences Act 1991 (NSW) addresses how the cost of a dividing fence is shared between adjoining land owners, where an owner wants to erect a dividing fence or wants work done on an existing dividing fence. It sets out the minimum requirements, owners may agree to arrangements exceeding these requirements.

Strathfield Council is not required under law to contribute to the building of dividing fences. Section 25(1) of the Dividing Fences Act 1991 does not impose any liability, confer any rights with respect to dividing fences on local councils and land such as public reserves or parks.

Who is Responsible for Managing Disputes Between Neighbours?

The Act also sets out the procedure for resolving disputes involving the cost, type and position of a fence. For more information on dividing fences and dispute resolution, please refer to the Dividing Fences Laws Fact Sheet.

Council has no authority over neighbourly disputes and this is a matter between residents.

If you cannot resolve a dispute amicably, contact the NSW Community Justice Centre or your solicitor.

How High Can I Build a Dividing Fence?

The height of a  dividing fencing is not specifically regulated by the Dividing Fences Act 1991.  If you are planning to build or modify an existing fence, you should contact Council’s Customer Service Centre on (02) 9748 9999 to speak with a Duty Planner to determine whether a development application is required.

Council’s Duty Planner is available between 9am and 12 midday Monday to Friday.