Dividing Fences, Boundary Fences and Privacy Screens

A dividing fence is usually a fence that separates two privately owned properties. It does not include a fence running along the boundary or a road and it does not include a retaining wall.

A boundary fence is a fence that is installed along a street or public open space or reserve.

A privacy screen is a fence that is a minimum of 100mm inside a dividing fence.

Sufficient dividing fence between neighbours

The City of Joondalup’s Fencing Local Law 2014 defines a sufficient residential fence as:

A fence constructed of corrugated fibre reinforced pressed cement  or steel sheeting constructed to manufacturer’s specifications or which otherwise satisfies the following specifications:

• A minimum in-ground depth of 25% of the total length of the sheet, but in any case shall have 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 or steel sheet.
• The sheets to be lapped and capped with extruded snap-fit type capping in accordance with the manufacturer’s written instructions
• The height of the fence to be 1800mm from natural ground level except with respect to a fence within the street setback area which is subject to the relevant provisions of the Residential Design Codes.

Refer to the Fencing Local Law 2014 for sufficient fencing requirements for commercial and industrial fencing.

The sufficient fence requirements of the Local Law are for the purposes of defining a sufficient fence under the Dividing Fences Act 1961. Disputes relating to dividing fences (including alterations without neighbours consent) is a civil matter between two parties, with the Dividing Fences Act 1961 providing a mechanism for courts to deal with disputes over dividing fences. In a civil court action the Magistrate will use the City’s Local Law to determine what is considered a sufficient fence and will use those laws in making their determination.

Building, repairing or replacing a dividing fence

Owners looking to construct, repair or replace a dividing fence are strongly advised to find out their obligations and responsibilities as defined in the Dividing Fences Act 1961.

Refer to Dividing fence matters – overview from the Department of Mines, Industry Regulation and Safety (DMIRS) website which provides detailed information on owner responsibilities.

Planning requirements

A development (planning) application is only required for a boundary/dividing fence if the proposed fencing does not comply with the requirements of a local planning policy or structure plan.

A development (planning) application is required for a privacy screen that exceeds 2.3m from natural ground level.

Building permit application requirements

A building permit is not required when the fencing, screen or similar structure (other than a fence forming part of a barrier for a private swimming pool) complies with all of the following:

• The structure is constructed in accordance with the City’s Fencing Amendment Local Law 2021;
• The structure if constructed of masonry is no more than 750mm in heigh; and
• The structure if constructed of a material other than masonry, is no more than 1.8m in height.

Dividing fences higher than 1.8m

A dividing fence more than 1.8m in height requires agreement with the adjoining neighbour (in the form of written neighbours consent) and requires a building permit.