Fences adjoining public open space

The Dividing Fences Act 1961 does not apply to the Crown land (government) or to land used for public purposes such as roads and paths under the control of local governments. This means that if your property adjoins such land you are fully responsible for the dividing fence including associated costs of the dividing fence.

Planning requirements

Properties that adjoin public spaces and/or public access ways must meet the design criteria of the City’s Subdivision and Dwelling Development Adjoining Areas of Public Space Policy. An application for development (planning) approval may be required should your proposed fence not meet the requirements of this policy. Any development (planning) application will need to include justification to demonstrate that the proposal meets the objectives of the policy.

Building permit application requirements

A fence that is masonry and more than 750mm in height requires a building permit.

Any fence made of materials other than masonry, up to 1.8m in height does not require a building permit.

Additional approval requirements for fencing above 1.8m

Any boundary fence higher than 1.8m requires the submission of a building permit application (BA1 or BA2 form).