Thinking about building a new fence or replacing an old one? A well-built fence does more than mark property lines – it adds security, privacy and value to your home. But when it comes to building a fence on a boundary in Sydney NSW, there are clear rules you need to follow. These laws are designed to prevent disputes between neighbours and ensure fences are safe, practical and fair for both sides.
Below, we’ll walk through the key legal limits that apply to boundary fences between houses in Sydney under the Dividing Fences Act 1991.
1. Fence Height Restrictions
In most residential areas of NSW, the maximum height for a fence is 1.8 metres. If your property fronts a main or secondary road, the limit drops to 1.2 metres. In some circumstances, such as with council approval, your fence may be permitted to reach up to 2.2 metres.
If you’re considering a taller fence, it’s best to seek professional advice from a licensed surveyor or check directly with your local council. These rules are in place to ensure fences don’t obstruct visibility, create safety hazards, or unfairly impact neighbouring properties.
2. Preventing Neighbourhood Disputes
When boundary fences between houses are involved, communication is key. Before you start construction, it’s wise – and often legally necessary – to discuss your plans with your neighbour. Agreeing in writing on details like materials, height, and costs can prevent disagreements later on.
If a dispute arises, the Dividing Fences Act 1991 provides a process for resolving it, but open and polite discussion is always the best first step. Remember, a fence is something both properties will share for years, so cooperation pays off.
3. Materials and Appearance
The look and construction of your fence may also be subject to local regulations. For example, in bushfire-prone areas, fencing materials must be non-combustible. Likewise, if your fence faces the street, it should be well-maintained and visually suitable for the neighbourhood.
There are many types of boundary fencing to choose from, such as timber paling fences, Colorbond, brick, or more decorative options like lattice and picket fence. Your choice may come down to budget, style, and council rules, but whatever material you select, it should be durable and consistent with local standards.
4. Boundary Lines and Setback Rules
One of the most important rules when building a fence on a boundary is ensuring it actually sits on the correct boundary line. Fences are usually built directly on the boundary, but in some cases, councils impose setback requirements – meaning the fence must be positioned a certain distance inside your property line.
If you’re unsure where the exact boundary lies, consider hiring a surveyor to determine its location. This will save you from costly mistakes and potential disputes down the track.
5. Dividing Fences and Cost Sharing
If the fence sits on a shared boundary, both property owners generally contribute equally to the cost of construction and maintenance, unless otherwise agreed. The Dividing Fences Act 1991 clearly outlines these obligations.
However, if one neighbour wants a more expensive option – for example, brick instead of standard timber palings – they may need to cover the extra cost themselves. The key is to reach a fair arrangement with your neighbour before work begins.
Boundary Fence Rules in Sydney
Fencing may seem straightforward, but when it comes to boundary fences between houses in Sydney, there are important legal requirements every homeowner should know. From height restrictions and material rules to cost-sharing arrangements and boundary line accuracy, laws exist to protect both property owners and maintain smooth neighbourhood relations.
With so many boundary fencing types available, from practical Colorbond to traditional timber, you’ll also want to choose a style that suits your property while meeting all regulations. And whether you’re repairing, replacing, or building new, always keep your neighbour in the loop.
If you’re unsure about the legal requirements or need professional help, a trusted fencing contractor can handle both compliance and construction. By working with the experts, you’ll enjoy a durable, compliant, and attractive fence that enhances your home for decades to come.
Need advice or a quote for your next fencing project? Contact Repair My Fences today – we’ll guide you through the process and deliver results you can rely on.
👉 Ready to get started? Contact Repair My Fences today for expert advice, a free quote and a boundary fencing solution tailored to your property. Let us take the stress out of fencing – so you can enjoy peace of mind and a fence built to last.
References;
1. NSW Legislation – Dividing Fences Act 1991 - legislation.nsw.gov.au act 1991
2. NSW Department of Fair Trading – Fencing disputes fairtrading.nsw.gov.au - fences and boundaries
3. NSW Planning Portal – Exempt and complying development for fences planningportal.nsw.gov.au
4. Local Government NSW – Boundary fences and property disputes lgnsw.org.au
5. LawAccess NSW – Neighbourhood disputes and dividing fences lawaccess.nsw.gov.au
