fences – City of Joondalup

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.

Portable pools

Did you know by law, swimming and spa pools containing water more than 300mm deep must have compliant safety barriers that restrict access by young children? This includes portable pools.

For detailed information on portable pool safety barrier requirements it is recommended that you visit the Department of Mines, Industry Regulation and Safety website.

Swimming pools and spas: safety barrier requirements

Owners and occupiers of a property with a private swimming or spa are required to maintain the barrier so that it is compliant with the regulations at all times. This means restricting access to the swimming pool or spa by a young child through the provision of a suitable barrier between the residence on the property and the swimming pool or spa.

For detailed information on safety barrier requirements it is recommended that you visit Department of Mines, Industry Regulation and Safety website..

What is the role of local government?

Local governments are responsible for monitoring compliance with the requirements and approving the construction or installation of swimming pool or spa and their barriers.

Local governments carry out inspections of swimming pool/spa barriers at least once every four years. The fee for the inspection is incorporated in your Rates.

In addition to the statutory swimming pool/spa inspection requirements, the City provides a swimming pool/spa inspection and report service upon request. The fee for an inspection is listed in the City’s Building Services Schedule of Fees.

Pool and spa barrier requirements

Depending on when your swimming pool and/or spa was approved, different regulations apply.

There are three significant dates which determine the specific requirements for your swimming pool and/or spa barrier, they are:

Barriers for swimming pools and spas approved before 5 November 2001:

Must have suitable barriers that may consist of a fence, wall or gate, as long as each part complies with the relevant requirements of the Australian Standard.
May include walls that have doors and windows only if the doors and windows are designed, constructed and maintained in accordance with Section 2 of the AS1926.1 – 1993.
Access to a swimming pool/spa via a garage – a wall of a building that is used as part of the barrier may contain a door or window only if the door is designed, constructed and maintained in accordance with Section 2 of the AS1926.1 – 1993.

Barriers for swimming pools and spas approved on or after 5 November 2001:

Must have a suitable barrier that may consist of a fence, wall or gate, as long as each part complies with the relevant requirements of the Australian Standard.
May include walls, however:
- any wall forming part of the barrier must not contain a door unless the door is permanently sealed closed. Note: All door hardware must be removed.
- any wall forming part of the barrier may have a window, provided that the window complies with the requirements of the Australian Standards. The window must not be able to be opened more than 100mm and require a tool to be removed, or, have a security screen installed over the open portion of the window. Note: Key locks or finger loosened devices are not an acceptable form of window lock.
Access to a swimming pool/spa via a garage – A garage door is not permitted to open directly to a pool area, either through a roller door or hinged door. A complying fence must be installed between the door and the pool or spa.

Barriers for swimming pools and spas approved on or after 1 May 2016:

Must have a boundary fence between owner/occupier, the neighbour or public property that is a minimum of 1.8m in height with a non-climbable zone of 900mm from the top of the owner/occupier side of the fence if they form part of the security barrier. Note: Fences to public property must also meet the relevant planning requirements.
Must have an internal barrier fence and gate accessing the part of the property containing the pool or spa in accordance with the Australian Standards.
Access to a swimming pool/spa via a garage – A garage door is not permitted to open directly to a pool area, either through a roller door or hinged door. A complying fence must be installed between the door and the pool or spa.
May include walls, however:
- Any wall forming part of the barrier must not contain a door unless the door is permanently sealed closed. Note: All door hardware (door handles etc) must be removed.
- Any wall forming part of the barrier may have a window, provided that the window complies with the requirements of the Australian Standards. The window must not be able to be opened more than 100mm and require a tool to be removed, or, have a security screen installed over the open portion of the window. Note: Key locks or finger loosened devices are not an acceptable form of window lock.

Internal barrier fences and gates specifications for swimming pools and spas:

Fences and gates accessing the part of the yard containing a swimming pool/spa must conform to the following:

Must be at least 1.2m high.
Gates must swing outward away from the swimming pool/spa.
Gates must have a closer that will make the gate shut from any position.
Must have a latch that self-engages when the spring closes the gate.
Must have the latch release at least 1.5m above the outside finished ground level or other permanent stable surface.
Must not have rails or braces that would enable a child to climb towards the latch release.
Maximum spaces between vertical members of no more than 100mm.
Maximum space under a fence of no more than 100mm.
Fences, gates and balconies must not have any rails or other non-vertical parts (horizontal) closer together than 900mm.

What are the penalties for non-compliance?

Owners and occupiers face a maximum penalty of $5,000 for non-compliance.

Please note: Due to the highly technical nature of regulations and standards applicable to safety barriers for pools and spas, the information and requirements listed above are neither complete nor exhaustive, but are provided on the basis for ease of reference. It is recommended that this information be read in conjunction with Rules for Pools and Spas available on the Department of Mines, Industry Regulation and Safety website.

Street Walls and Fences

A street wall or fence is any fence or wall, screen or barrier that abuts a street boundary or is located in the front setback area (normally anywhere in front of the house). This includes fencing on the side boundaries in the street setback area.

It does not relate to a dividing fence, which is the fencing along a shared lot boundary between two properties and is not within the street setback area.

Planning requirements

Fencing above 1.2m must be ‘visually permeable’ from natural ground level. The R-Codes define this as:

In reference to a wall, gate, door, screen or fence that the vertical surface when viewed directly from the street or public space has:

Continuous vertical or horizontal gaps of 50mm or greater width, occupying not less than one third of the total surface area.
Continuous vertical or horizontal gaps less than 50mm in width, occupying at least one half of the total surface area in aggregate.
A surface offering equal or lesser obstruction to view.

Generally, for a single house or grouped dwelling a development (planning) application is not required for your street wall or fence if it complies with the following:

The portions of solid wall meet the height requirements for your density code (see table below).
The structural pillars have a maximum height of 1.8m from natural ground level and a maximum dimension of 400mm.
Fence and walls within 1.5m of where the driveway meets the street boundary has a solid portion which is no higher than 750mm from natural ground level, excluding a pillar which can be a maximum height of 1.8 metres and a maximum dimension of 350mm x 350mm.
Infill panels 1.2m above natural ground level are visually permeable.
Additional requirements may apply if you are within a structure plan area.

R-Code Density	Street the House Faces	Other Streets
R20	Solid walls within 6m of the street boundary: No higher than 1.2m measured from the midpoint of the verge, including the height of any retaining wall built or proposed. Any fencing above 1.2m to be visually permeable between the structural pillars.	Solid walls to a secondary street boundary (corner site), right of way or battleaxe leg: No higher than 1.2m for a minimum of 50% of the boundary length. Any fencing above 1.2m to be visually permeable between the structural pillars.
R20/25* R20/30* R20/40* R20/60*	Solid walls within 4m of the street boundary (2m for R20/60): No higher than 1.2m from natural ground level on the street side of the fence, including the height of any retaining wall built or proposed. Any fencing above 1.2m to be visually permeable between structural pillars.	Corner sites are required to address the street with equal importance as the street the house faces.
*For properties with a dual-density code (e.g. R20/40) the requirements only apply if the property is developed at the higher density (e.g. R40). If your property has not been built to the higher density, refer to R20 requirements.

Building permit requirements

A building permit is not required when a front fence 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 in masonry, is no more than 750mm in height.
The structure, if constructed of a material other than masonry, is no more than 1.8 metres in height.

Structural requirements for a masonry fence

The design of the masonry fence shall meet the requirements of a practising structural engineer.

Swimming pool barrier requirements

In addition to the minimum planning and building requirements, front fences that are to be used as a swimming pool barrier will need to comply with AS1926.1 Swimming pool safety. For further information refer to swimming pool barriers and approvals.

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).

Dividing fences: liaising with your neighbour

Neighbour agreement may be required prior to making any changes to a dividing fence. Refer to Dividing fence matters – overview from the Department of Mines, Industry Regulation and Safety (DMIRS) website which provide details on owner responsibilities.

It is suggested you liaise with your neighbour verbally and follow up any agreements in writing relating to a dividing fence dispute. Example letters are available from DMIRS.

If you do not know the name of the owner of the property next door, you may be able to get neighbours details by:

Checking with the tenants or property manager if the property is rented or leased
Performing a land title search through Landgate
Contacting the City’s Rating Services to request neighbour’s details in relation to a dividing fence matter

Mediation service

The City is unable to direct your neighbour to construct a sufficient fence and has no statutory ability within the Dividing Fences Act 1961 to direct or provide adjudication of costs or repairs. A free mediation service is offered by the City when agreement can not be reached.

If you would like to use this service contact the City’s Customer Relations.

If you have tried mediation and can’t reach an agreement the Magistrates Court can deal with issues in relation to dividing fences.