Did you know that the construction of fences along a boundary and the sharing of costs is governed by the Dividing Fences Act 1991? If you are about to consider constructing a boundary fence, it is always a good idea to talk to your neighbours first. You might also need to consider whether the fence is exempt development or whether Council consent is required. If you can’t reach agreement on a fence and the sharing of costs, you can apply to have either the Local Court or the NSW Civil and Administrative Tribunal determine the matter for you. Both the Court and the Tribunal have power to determine whether an existing fence is sufficient, whether a new fence is required and the type of fence to be constructed as well as the sharing of costs.
Before you start this process, it is always a good idea to ensure you have investigated the planning constraints that could impact on your ability to put up a fence, otherwise the Court or Tribunal may not have the jurisdiction to make the appropriate orders.