A plain-English guide to the Dividing Fences Act NSW — covering how costs are shared, the fencing notice process, and how neighbour disputes are typically resolved.
The Dividing Fences Act NSW is the law that governs what happens when two neighbouring properties share a boundary and one or both owners want to build, replace or repair the fence between them. Rather than setting a single design or height, it focuses on fairness — who is responsible, how the cost is worked out, and the steps neighbours should follow before work begins.
At its heart, the Act treats a boundary fence as a shared asset. Both owners generally benefit from a good fence, so both are usually expected to contribute to one that is reasonable for the two properties. Where owners disagree about the fence, the type of materials, or how much each should pay, the Act provides a clear path to follow — from serving a written notice through to formal resolution if needed.
Jacob Landscaping and Fencing has installed shared boundary fences across 72+ Sydney suburbs since 2016. We regularly help neighbours reach a fair, friendly outcome by providing clear quotes and honest advice, so you can approach the conversation with confidence.
This page provides general information about fence height in NSW. Rules change and vary by council. Confirm current requirements with your local council and NSW Fair Trading / Service NSW before starting any fencing work.
A dividing fence is generally the structure that separates the land of two adjoining owners along their common boundary. It typically includes the fence itself and, in many cases, any gate, retaining structure or ditch that forms part of it. The Act is mostly concerned with fences between neighbours rather than a front fence facing a public road.
The Act generally refers to a fence that is “sufficient” for the properties involved. There is no single fixed design; what is sufficient typically depends on the existing fence, the type of properties, local standards and what neighbouring fences look like in the area. A standard timber or Colorbond boundary fence of a common height is often considered sufficient for typical suburban homes.
For a fence that is sufficient for both properties, the cost is generally shared equally between the two owners — often described as a 50/50 split. If one owner wants something above that standard, such as a taller or more expensive fence, they are typically expected to pay the difference. Repairs and replacement due to normal wear are also usually shared, while damage caused by one owner may be their responsibility.
Before starting shared fencing work, it is generally recommended to talk with your neighbour and then serve a written fencing notice. This notice typically sets out the proposed work, the type of fence, an estimate of the cost and how you suggest sharing it. Both owners then usually have a set period to agree. Serving a notice creates a clear record and helps avoid misunderstandings later.
Sometimes one owner wants a premium finish, extra height or a different material to what would ordinarily be considered sufficient. In that situation the general approach is that the owner requesting the upgrade covers the additional cost, while the base contribution toward a sufficient fence remains shared. It is worth putting any such arrangement in writing so both parties are clear.
If neighbours cannot agree after a fencing notice, the matter can generally be referred to the local court or the NSW Civil and Administrative Tribunal (NCAT). These bodies can make orders about what fence should be built and how the cost is shared. Most fencing disagreements are better resolved through a calm conversation and a clear quote, but this formal pathway exists as a backstop.
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