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Building a fence

Do I need approval to erect a new fence?

You will require approval from Council for your fence if any of the following applies:

  • your fence exceeds 2.1m in height, including attachments, retaining wall, or other
  • your fence masonry, such as brick and stone, exceeds 1m in height, including any retaining wall
  • your fence exceeds 1m in height within 6m of an intersection of any street, other than where a 4m x 4m corner cut-off exists - this is measured from the property boundary
  • your fence is in the historic and conservation zones and/or is a state or local heritage dwelling
  • your fence is to be a safety barrier for a swimming pool or spa pool
  • your fence is a brush fence within 3m of an existing or proposed dwelling, or a flat or apartment building


Before building a fence on a common boundary, you should always consider how development may affect your neighbour, and you should speak to them before undertaking any work.

It doesn't matter if your fence requires approval or not, you should still notify your neighbour. There may be legal requirements to notify your neighbour, as well as the potential to share costs of development.

Council does not manage boundary fencing between you and your neighbour.
Generally fences are privately negotiated between neighbours. If you need further guidance, you can visit the Fencing, boundary and encroachment disputes for more information.

The Legal Services Commission also has a useful Fences and the Law pamphlet that contains relevant information and forms to assist in fencing negotiations and/or disputes.

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