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.​

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.

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.