​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

Who should pay?

This page gives you some information about who should pay for fencing work.​

    When costs ha​v​​​e to be shared

    Normally the owners of neighbouring properties must equally share the cost of:

    • building a dividing fence where there is not one
    • repairing or replacing a dividing fen​ce where the original fence has been damaged, destroyed or has deteriorated
    • repairing or replacing a dividing fence that is not a "sufficient" dividing fence.

    Fencing work may involve a number of different costs, including the costs of:

    • designing the fence
    • surveying the land on either side of the boundary
    • preparing, cleaning or altering the land
    • planting, trimming or lopping vegetation
    • building, fixing or replacing the fence
    • building, fixing or replacing a wall that supports or maintains the fence (a 'retaining wall').

    When costs do not have to be shared

    Costs may not have to be shared equally if:

    One neighbour wants a dividing fence that is of a greater standard than what is "sufficient"

    If one neighbour wants a dividing fence that is of a greater standard than what is "sufficient", they will usually have to pay the difference between the cost of a sufficient dividing fence and the cost of the fence they want. This is because neighbours are only expected to equally share the cost of a sufficient dividing fence.

    For more information about what is a 'sufficient' dividing fence, see What type of fence?

    The original dividing fence was damaged or destroyed by an owner or occupier of the land

    If one neighbour (or their tenant) has destroyed or damaged a fence, they will usually be responsible for paying the repair or replacement costs of restoring the fence to its previous condition.

    One neighbour is willing to pay the entire cost of building, fixing or repairing a dividing fence

    Fencing work on a dividing fence must be done with the agreement of both owners of neighbouring property. However, if one owner is happy to pay the entire cost of building, fixing or repairing a dividing fence then their neighbour will not have to share fencing costs with them. It is still important for neighbours in this situation to talk about what type of fence will be built and where it will go.

    For more information see What type of fence? and Where should the fence go?

    Fencing work was done without agreement or a Fencing Order (unless the fencing work was urgent)

    You and your neighbour will usually need to agree on the fencing work to be done.

    If you and your neighbour cannot reach agreement, either of you can serve a Fencing Notice. If agreement still cannot be reached and a month has passed, you or your neighbour can apply to the Local Court or the NSW Civil and Administrative Tribunal (NCAT) for orders about the fencing work to be done (Fencing Orders).

    However, if urgent fencing work is required, one neighbour may get the fence built without agreement or a Fencing Order and still be able to claim half the costs.

    Alert Icon What you or your neighbour think is urgent may not be viewed as urgent by a court. If you want to do urgent fencing work you should get legal advice.

    For more information, see Urgent fencing work.

    Your neighbour is a public authority such as a local council or the Department of Housing

    Public authorities (for example, local councils) do not have to contribute to fencing costs. If you live next to a public authority and you would like them to contribute, you can try and negotiate. If your negotiations are unsuccessful and you want to take further action you should get legal advice.

    The dividing fence is also part of a swimming pool fence

    If the dividing fence is part of a fence around a swimming pool, the owner of the swimming pool will usually have to pay the costs of the section of the dividing fence that is also part of the swimming pool fence.

    ​Agreeing with your neighbour

    You and your neighbour can come to an agreement about the costs, type and location of fencing work and the amounts you sho​uld each pay. Any agreement should be written down and signed by you and your neighbour. For more information, see Talk to your neighbour.

    If you and your neighbour cannot agree on the costs of building, fixing or repairing a dividing fence, you may wish to try mediation, or, one of you may serve the other with a Fencing Notice. For more information, see Cannot agree. ​

    For answers to commonly asked questions, see ​Frequently Asked Questions​.​​
    People arguing over damaged fence