​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

Fences 

This topic gives you information about the law on dividing fences. It also gives you information about boundary disputes and retaining walls. It can help you if:

  • you want to build, fix or replace a dividing fence
  • you have a disagreement with your neighbour about a dividing fence​
  • you have a disagreement with your n​eighbour about where the common boundary between your properties is
  • you want to build a retaining wall.​

    What ​​​is​​ ​​a ​​dividing fence?

    A dividing fence is a structure that separates neighbouring properties. It will usually be on the common boundary between the two properties. A dividing fence can be made out of all sorts of materials, for example bricks, metal or wood. It may also be a ditch, embankment or vegetation, for example, a hedge. It does not include a retaining wall, unless the wall is needed to support and maintain the fence.

    Building, fixing or replacing a fence

    This section has information about the issues that may come up when you or your neighbour want to build, fix or replace a dividing fence, including:

    • who should pay
    • what type of fence should be built
    • where the fence should go
    • what to do when urgent fencing work is needed.

    For more information, see Building, fixing or replacing a fence.

    Talk to your neighbour

    This section gives you information about how to come to an agreement with your neighbour, including:

    • how to find your neighbour if they do not live next door
    • how to talk to your neighbour
    • how to put an agreement in writing
    • what to do if your neighbour breaks an agreement.

    For more information, see Talk to your neighbour.

    Cannot agree?

    This section has information about what happens when you and your neighbour cannot agree on fencing work, including:

    • going to mediation
    • sending a Fencing Notice
    • how to work out where the common boundary line is.

    For more information, see Cannot agree?

    Fencing Orders

    If you cannot come to an agreement with your neighbour, you can apply for a Fencing Order. A Fencing Order is a court or tribunal order about what fencing work should be done and how the costs of that fencing work should be shared.

    You can apply to the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT) or the Local Court of NSW (the Local Court) for a Fencing Order. This section has information about how to apply for a Fencing Order, including:

    • how to fill out an application to NCAT or the Local Court
    • preparing for a hearing
    • presenting your case at a hearing.

    For more information, see Fencing Orders.

    After the decision

    This section gives you information about what happens after a decision about fencing work has been made by the NSW Civil and Administrative Tribunal (NCAT) or the Local Court, including:

    • enforcing the decision if one neighbour does not follow the orders
    • how to claim the costs of fencing work when it is done.

    For more information, see After the decision.

    Boundaries

    This section has information about what can happen when neighbours disagree about where the boundary is, including:

    • how to determine where the boundary is
    • how to fill out a Determination of Title Boundary form.

    It is possible to determine the common boundary line even if you and your neighbour are not building, fixing or replacing a dividing fence.

    For more information, see Boundaries.

    Retaining walls

    This section has information about retaining walls including:

    • what a retaining wall is
    • who should pay
    • how to determine whether you need approval before building a retaining wall.

    ​For more information, see Retaining walls​​. 

    Fences flowcharts

    Representing Yourself - LawAssist provides flowcharts that show you an overview of the different steps you and your neighbour might have to take before fencing work can be done.

    For more information, see Fences flowcharts.

    Interactive guides

    These interactive guides take you through the process of reaching an agreement with your neighbour about fencing work or applying for or responding to a Fencing Order from a Local Court or the NSW Civil and Administrative Tribunal (NCAT).

    For more information, see Interactive guides.

    Who's who in court

    This section shows you what the room will look like, who the different people are, and where you should sit, when you go to the Local Court or the NSW Civil and Administrative Tribunal (NCAT).

    For more information, see Who's who in court.

    Forms

    This section lists the forms you may need to complete in fencing cases, including notices and applications. It also has instructions and samples to help you fill in these forms.

    For more information, see Forms.

    The information in this topic was last updated: August 2016.

    Men shaking hands over fence