​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |
LawAccess NSW > Representing Yourself - LawAssist

What type of fence?    

When you are thinking about the type of fence you want, you should consider:​

    ​What is a sufficient ​​dividing fence?

    A sufficient dividing fence is one that adequately separates your land from your neighbour's land. What is a 'sufficient dividing fence' in your particular situation will depend on many things, including:

    • what type of existing fence there is, if any
    • what your land and the neighbouring land is used for, for example, you may need a particular fence to keep in pets or livestock
    • your privacy and your neighbour's privacy
    • the types of fences that are used in your area
    • the requirements of your local council, for example, in bush fire prone areas you may be restricted from building a fence out of easily flammable materials
    • whether your fence encloses a swimming pool.

    If one neighbour wants a fence that is of a higher standard than what is considered a 'sufficient dividing fence', they will need to pay the extra amount for that fence.

    Local council requirements and other relevant laws

    You should contact your local council to find out about any restrictions on the kind of fence you can build. Many councils have rules about how high fences can be, and some councils have rules about the sorts of materials you can use (for example, in areas where there is a risk of bushfires, the council may not let you have a wooden fence).

    You can find your local council's contact details at the Lo​cal Council Directory.

    If you have a swimming pool, the fence that you build will need to comply with laws about swimming pool fences. For more information, see the 'Pool safety' page of the Water​ safety website.

    If you are not sure whether there are laws that affect the type of fence that you and your neighbour can build, you should get legal advice.

    Limits that apply to your land, like a covenant, easement or restriction on user

    Covenants

    Sometimes there may be limits on how you can use your land. One type of limit is called a covenant. For example, there may be a covenant that no structure will ever be built on a certain part of your land. A covenant may be noted on your Certificate of Title.

    If you own a property where a covenant has been made, you must comply with that covenant unless the covenant is lifted (extinguished). This may affect what type of fence you and your neighbour can agree to.

    If you have a covenant on your property, you should get legal advice.

    Easements

    An easement allows someone to use land that belongs to another person for a specific purpose. Common easements include easements for drainage and easements that provide a right of way.

    An easement may affect what sort of fence you and your neighbour can build. For example, if you have a right to walk through your neighbour's property to reach the road, your neighbour should not build a fence that stops you from doing so.

    If there is an easement on your property or your neighbour's property, you should get legal advice.

    Restrictions on User

    Another type of limit that might affect the type of fence you can build on your land is called a "restriction on user." A restriction on user may prohibit you or your neighbour from building a dividing fence or may say that you can only have a fence built out of certain types of material. A restriction on user will be recorded on the Certificate of Title for your property.

    If there is a restriction on user on your property or on your neighbour's property, you should get legal advice.

    What you and your neighbour can agree to

    The best type of fence to build is one that you and your neighbour agree on. As long as you do not breach council or other rules or any covenants, easements or restriction on users, you and your neighbour can agree to build the fence you want, even if this is different from what might be a sufficient dividing fence. Any agreement should be written down and signed by you and your neighbour.

    For more information on how to come to an agreement and to put your agreement in writing, see Talk to your neighbour.

    If you and your neighbour cannot agree on what type of fence should be built, the Local Court or the NSW Civil and Administrative Tribunal (NCAT) can make a decision about what would be a sufficient dividing fence. For more information on this process see Cannot agree?

    Alert Icon  You should make sure that you do not enter your neighbour's property without their permission. If you need to enter your neighbour's land to build a fence and they will not give you access, you should get legal advice.

    For answers to commonly asked questions, see ​Frequently Asked Questions​.

    People arguing over damaged fence​