Fencing

The rules that apply to building a fence can be confusing. This Fact File seeks to clarify some of the issues that need to be considered when constructing a fence.

The Building Act 1993 and Building Regulations 2018 stipulate the requirements for the construction of fencing on a property. Under the Building Regulations there are two areas that need to be considered when constructing any fence. The first relates to the Part 5 Siting Building Regulation provisions, which govern the height and location of fences (similar to any planning controls), and the second is whether a building permit is required to erect the fence.

Additional controls are also in place throughout some areas of the Shire under the Southern Grampians Planning Scheme. If the planning controls for your property do not stipulate fencing heights, then the Siting Part 5 regulations outlined in the Fact File below will apply. Always check the Planning Controls for your property prior to any works.

Even if both the Planning Controls and the Siting Part 5 Building Regulations don’t apply a building permit may still be required, please refer to the information below.

If you are building a fence along the front of your property do not presume that your front title boundary is the back of the kerb or the asphalt, the nature strip is part of the road/street reserve. The title boundary could be located anywhere from, say 1 metre to perhaps 6 metres from the street. But it should be somewhere near your water meter. If you are still in any doubt the only way to locate the title boundary is to employ the services of a licensed land surveyor.

The Siting provisions under Part 5 of the Building Regulations state that a front fence within 3 metres of the front title boundary must not exceed a height of 1.5 metres (Regulation 90). If your property abuts a Freeway or an Arterial Road, however, you may build a fence to a maximum height of 2 metres. Freeway and Arterial Road are defined in the Road Management Act 2004.

Further restrictions apply to fences on corner sites. The maximum height of the fence is 1.0 metre when within 9 metres of the intersection of the title boundaries (Regulation 92).

A building permit is required for the construction of:

- a front fence within 3 metres of street alignment if it is greater than 1.5 metres in height (1.2m if constructed of masonry), and
- a front fence greater than 1m in height within 9m of a point of intersection of street alignments.

The Siting provisions under Part 5 of the Building Regulations state that fences between adjoining properties may be constructed to a maximum height of 2 metres. There are opportunities to increase the height of a side or rear boundary fence either by setting the fence back from the boundary or meeting the requirements of Regulation 91.

It should also be noted that if you wish to increase the height of a boundary fence greater than 2m consideration needs to be given to the daylight and solar access to windows (both yours and your neighbours) as well as adjoining properties recreational space. These matters are dealt with by regulations 94, 95 & 96 (Refer to Report & Consent Part 5 Siting on our website for further information).

A building permit is required for the construction of a side or rear boundary fence greater than 2m in height.

What if my design does not meet the Part 5 Siting requirements?
The report and consent of the relevant council (Southern Grampians Shire Building Department) must be obtained for an application for a building permit in relation to a design that does not comply with the requirements of Part 5 of the Building Regulations 2018 (Refer to Report & Consent Part 5 Siting on our website for further information).

My boundary fence is also my pool safety barrier
A building permit is required for any modifications to or the replacement of an existing boundary or front fence that forms part of a swimming pool safety barrier. Please contact a private building surveyor regarding a building permit for the proposed works.

Replacing a fence between neighbours
When constructing a fence between two adjoining properties the Fences Act 1968 outlines the sharing of costs and what is required to serve a notice on an adjoining property owner to get them to assist with getting a fence constructed. Please visit https://www.disputes.vic.gov.au/information-and- advice/fencing/notice-to-fence for a copy of the notice template.

Is my existing fence on my property boundary?
The existing location of your boundary fence is not guaranteed to be on the title boundary. The only way to locate the title boundary is to employ the services of a licensed land surveyor.

I want to install barbed wire to the top of my fence
Fences containing barbed wire or sharp protrusions must not be constructed within 150 mm of the street alignment (title boundary) or public open space (park) or alternatively must be placed a minimum of 2 metres above the adjacent ground level (the above regulations apply).

I share a fence with Council
Please contact the Shires customer service team for further information on (03) 5573 0444

How do I get in contact with my neighbours?
If you wish to contact your neighbours regarding fencing issues please contact the Shires customer service team for further information on (03) 5573 0444.

Disputes
Fencing disputes between property owners is a civil matter between the two parties. Further information regarding fencing disputes, please visit https://www.disputes.vic.gov.au/information-and-advice/fencing- 0.

Further information
For further information you can contact Council Building Department on (03) 5573 0253.

Private land owners and/or occupiers requesting Council to contribute to the cost of construction of dividing fences are required to submit at least two written quotations for the work, the most advantageous of which is to be accepted in writing prior to the commencement of work.

Council’s Fencing Policy states that Council will only pay for half of the dividing fence cost of fences built to the following standards:

Private land owners and/or occupiers are permitted to construct a dividing fence that does not fit the above requirements, however in that situation Council will only pay half of what the cost would have been if it did meet the standards above (additional costs would be at the owner/occupiers expense).

Payments will be made upon receipt of a Tax Invoice following the completion of works. Payments can be made directly to the contractor who completed the works or to the private land owners/occupiers if they have already paid the Tax Invoice in full. Payment will be made within 30 days of receipt of a Tax Invoice.

If you wish to make a request for Council contribution to adjoining fence costs please complete the below form and send it with two written quotations to Customer Service at Council’s Office at 111 Brown Street, Hamilton, council@sthgrampians.vic.gov.au or post to:

Dividing Fence Request
Southern Grampians Shire Council
Locked Bag 685
HAMILTON VIC 3300

Contact
Customer Service
111 Brown Street
Hamilton Vic 3300
Phone (03) 5573 0444
Email council@sthgrampians.vic.gov.au