The erection of fences (other than dividing timber paling fences 1.8 metres or less in height) may require the consent of Council. You should contact Council to determine whether approvals are required.
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.
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 or visit the Department of Lands website.
Council has no authority over neighbourly disputes and this is a matter between residents.
If you cannot resolve a dispute amicably, contact the Community Justice Centre or your solicitor.
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.
However, Council's policy involves a voluntary contribution of 25% towards the costs of the fencing. Council policy requires that fences are wooden to maintain a consistent appearance. Wooden fences are preferred as they are more graffiti resistant than painted surfaces.
Determing height of dividing fences
The height of 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 9748 9999 to determine whether a development application is required.