Fencing Notice - Step by step guide
If you want to serve (formally give) your neighbour with a Fencing Notice, this page sets out the steps you should take.
Fencing Notice - Step by step guide
Step 1: Prepare your Fencing Notice
There is no specific Fencing Notice form that you have to use. You can write the notice yourself. You should make sure you include the following:
- that you are giving a Fencing Notice under the 'Dividing Fences Act 1991 - Section 11'
- your address
- your neighbour's address
- where you want to do the fencing work, for example, on the boundary line (or somewhere else if it is not practical to build on the boundary line)
- a description of the type of fencing work to be done, including the length and height of the fence and the materials to be used
- who will do the work
- the date the work will start
- the date the work will be finished by
- the estimated cost
- how the cost is to be split (usually equally).
It is a good idea to get a written quote for the proposed fencing work and attach it to the Fencing Notice.
For completed examples of Fencing Notices, see:
Step 2: Serve your Fencing Notice
After you have completed your Fencing Notice, you need to serve it on (give it to) the owner of the adjoining property.
You can serve the Fencing Notice on the owner either:
- personally (by handing it to them), or
- by posting it to their usual or last known residential or business address.
If a tenant lives on the property, you will need to find out the owner's name and contact details so you can serve them with the Fencing Notice. For more information, see Finding your neighbour.
If you cannot serve the Fencing Notice because you cannot find your neighbour, you may still be able to apply for a Fencing Order. For more information, see Fencing Orders.
You should make a copy of the Fencing Notice before you send it, and make a note of the date you gave it to the owner or sent it by post.
Step 3: Wait for a reply
The owner has one month to respond to the Fencing Notice.
If the owner does not respond or you cannot come to an agreement and one month has passed, the next step is to apply to the Local Court or the NSW Civil and Administrative Tribunal (NCAT) for a Fencing Order. For more information, see Fencing Orders.
You could also try talking to your neighbour or asking them to go to mediation before you decide to apply for a Fencing Order.
For answers to commonly asked questions, see Frequently Asked Questions.