Residential Fences

Due to changes in the Building Legislation the City’s web pages relating to building related applications is currently under construction. Building Permit Application forms and further information can be found at the Department of Commerce – Building Commission website
The City apologises for any inconvenience.

Private Property Local Law 1998

These local law requirements do not apply if an agreement has been reached between owners over the standard of a residential fence, which is lower than 2.0 metres in height. This information sheet covers the City’s local laws outlining what is a sufficient fence. Please read this in conjunction with the Dividing Fences Booklet, which is available from the website below.

Why do we have a local law?

The Local Government Act enables local authorities to prepare local laws for the purpose of regulating and controlling development within the City that is in the public interest. Owners can still decide what type of fence they want as long as it does not conflict with the local law.

Sufficient fence

A sufficient fence on a residential lot is:

Dividing fence

• A fence constructed with an in-ground depth of 25 percent of the total length of the sheet but having a minimum in-ground depth of 600mm
• The total height and depth of the fence to consist of a single continuous fibre reinforced cement sheet
• The sheet to be lapped and capped with extruded “snap-fit” type capping in accordance with the manufacturers written instructions
• The height of the fence to be 1.8 metres.

Front fence

• The front fence must be constructed of masonry or composite fencing with a masonry content of not less than 30 percent but not solid, greater than 1.2 metres in height
• Alternative fencing types that are permitted include picket timber fence, fence constructed of brick or concrete or a composite fence

Approval procedure for front fencing

A person must not erect a free standing fence greater than 1.0 metre in height within the front setback area without obtaining a building licence from the City. The front boundary fence can be higher than 1.0 metre if the boundary fence on each side of the driveway into the lot is angled into the lot for a distance of not less than 1.5 metres from the front boundary. This is required to provide a clear line of vision for a motorist using the driveway.
If a fence is of open construction and does not obscure lines of vision of a motorist then the above visual truncations are not required.

Variation of local law

The City may approve the erection of a fence which does not comply with the requirements of the local law. In determining a variation the City may consider whether the erection or retention of a fence would have an adverse impact on:

• the safety or convenience of any person
• the safety or convenient use of any land

Maintenance of fences

An owner or occupier of a lot on which a fence is erected shall maintain the fence in good condition to prevent it from becoming dangerous, dilapidated, unsightly, or prejudicial to the amenity of the locality. Please refer to the DOLG Dividing Fences brochure.

Prohibited fencing materials

The following fencing materials are prohibited:

• broken glass
• barbed wire
• razor wire
• jagged projections
• asbestos materials (not to be reused or realigned)

Gates in fences

A gate in a fence must open into your property or open by sliding parallel on the inside of the boundary fence.

A public access way, right of way or road must not be impeded by the construction of a fence.

Graffiti protection

Anti-graffiti treatment is required for any fence or wall adjacent to a public place or reserve. This must be carried out in accordance with manufacturer specifications and an identification plate identifying the graffiti protection must be fixed to the wall with any manufacturers recommended treatment.

Application requirements

An application is required for front fences over one metre in height and dividing fences exceeding two metres in height. The following information and fee is required with your completed application.

• Two copies of a site plan drawn to a scale of not less than 1:200. Please indicate if the property abuts a reserve or private lot
• Sectional elevation showing the footing details or depth of sheeting, attached piers and holding down rods where relevant
• Front elevations and/or side/rear where relevant drawn to scale of 1:100
• Specification of materials and finishes
• Application Fees
• A completed Building Licence Application
• If additional information is required we will contact you promptly following the lodgement of your application.

Please note that the City is only able to advise on minimum fencing requirements under Local Laws.

The City also controls boundary construction work, such as retaining walls and parapet walls, however if there is a dispute between adjoining owners independent legal advice should be sought in each particular case.

For further information or assistance relating to fencing requirements please contact the City on 9400 4961.

If you have any specific enquiries regarding dividing fencing rights and responsibilities under the Dividing Fences Act 1961 please contact the Department of Commerce (Building Commission) on 1300 720 715, Email or visit their website.