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This page gives you some information about who should pay for fencing work.
Normally the owners of neighbouring properties must equally share the cost of:
Fencing work may involve a number of different costs, including the costs of:
Costs may not have to be shared equally if:
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?
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.
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?
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.
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
For more information, see
Urgent fencing work.
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
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.
You and your neighbour can come to an agreement about the costs, type and location of fencing work and the amounts you should 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