Plenty of fencing projects in NSW start without anyone checking the rules, and that is where the fines and stop-work orders come from. The legal picture is not complicated once you see that two separate layers apply to a fence: the shared-fence law between you and your neighbour, and the council planning rules about what you can build. This guide walks through both so you know what to check before installation.
The two layers of fencing law
The Dividing Fences Act 1991 (NSW) governs the relationship between two neighbours over a shared boundary fence: who contributes, how you reach agreement, and what happens if one owner will not cooperate. It applies only to a fence dividing two private properties. If your boundary adjoins public land or a road reserve, a different process applies and the Act does not.
Council planning controls are the second layer, and they cover the physical fence: how high it can be, what it is made of, how close it sits to the footpath, and whether you need approval. The Dividing Fences Act does not set heights or materials, so a fence can satisfy the Act with your neighbour and still breach council rules. Both layers have to be cleared.
What the Dividing Fences Act does and does not do
Under the Act, adjoining owners are generally expected to share the cost of a sufficient dividing fence equally, a fence reasonable for the two properties given how the land is used. A written agreement is not legally required, but keeping records of your discussions is strongly worth it. Either owner can propose a dearer design, but they cover the extra cost unless both agree.
The Act does not cover a fence built entirely within one owner's land, or a special-purpose barrier such as a pool fence or an acoustic wall, so the equal cost-sharing default does not apply to those. If neighbours cannot agree, disputes are resolved by NCAT or the Local Court, with free mediation available first through Community Justice Centres. The permission and dispute path is covered in detail in our guide on whether a neighbour can build a fence without your permission.
Council rules: height, materials and approval
Local councils set the physical limits, and they vary by zoning and location. As a common pattern, front fences facing the primary road are limited to around 1.2 metres and side or rear fences to around 1.8 metres, but the figures are set locally and worth confirming. Before you build:
- Contact your council to check the development rules for your zone.
- Review zoning codes and any heritage or environmental overlays on the block.
- Apply for a Development Application if your fence exceeds the standard limits or sits in an overlay.
A fence that meets the standard height, material and setback rules is usually exempt development, meaning no application is needed. Step outside those limits and a DA is the path, assessed on safety and amenity. Corner blocks carry extra sight-line limits, covered in our corner block fence height guide.
Heritage and environmentally sensitive land
Two overlays change the rules again, and neither is optional. On a heritage-listed site or in a conservation area, only approved fence types are usually permitted, altering an existing fence can need formal approval, and you may need to consult a heritage officer or planner, since materials, colours and styles are controlled to protect the visual setting. Near bushland or a water catchment, fencing may need to avoid disrupting wildlife corridors, use fire-resistant or untreated materials, and keep clearances from trees and habitat. These are enforced by councils and state agencies, so check whether either overlay applies through the NSW Planning Portal before choosing materials.
Resolving fencing issues
Even a well-planned project can hit a disagreement. Negotiation between neighbours comes first, then free mediation through a Community Justice Centre. If those do not settle it, either party can apply to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court for a fencing order, which can apportion cost, approve or refuse proposed work, or direct that a fence be removed or replaced. Written records, emails and quotes support your case if it reaches that point.
The takeaway
Treat a fence as two separate approvals: sort the shared-cost side with your neighbour under the Dividing Fences Act, and clear the physical fence with your council's planning rules. Check both before you order materials, confirm whether a heritage or environmental overlay applies, and keep your discussions in writing. Laws and council controls change, so confirm the current rules with your council or a legal service before you start.