I live in Sydney and I want to erect a dividing fence between my property and my neighbour’s property. I have obtained quotes from three different builders and the difference in quotes relates to the standard of the fence. How do I go about getting the fence constructed?
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Answer by Neha Sharma, Hillsdale 2036 NSW
- You should always begin by checking whether your proposed development is classified as an exempt or complying development in which case you do not need to lodge a development application.
- Dividing fences are generally classified as an exempt development. If your development is classified as a complying development you will need to obtain a construction certificate from a Principal Certifying Authority (PCA) prior to commencing any work.
- As it is a dividing fence between your property and your neighbour’s you will be entitled to share the cost of the fence under the Dividing Fences Act 1991 (NSW). Under that Act adjoining owners are liable to contribute in equal proportions to the carrying out of fencing work of a sufficient standard.
- If you want a superior quality fence put in place but your neighbour only wants the standard fence you may have to cover the extra costs of the more expensive fence.
- You should serve a Fencing Notice on your neighbour regarding contribution. If you do not service a notice on your neighbour they are not liable to contribute to the costs of any fencing work in respect of a dividing fence.
- If after serving a Fencing Notice you have any disputes with your neighbour regarding the fence you may:
- approach a Community Justice Centre for mediation;
- apply to the Local Court for an order to construct a dividing fence; or
- apply to the NSW Civil and Administrative Tribunal (NCAT) for a fencing order.