Fence blown down in a storm: what to do, who pays and how to replace it properly

By Pete Kendall, registered building practitioner CDB-U 67771 · Updated 14 October 2026

First 24 hours: make it safe

• Keep kids and pets clear. Loose palings, exposed nails and half-standing sections can drop with the next gust.
• Trees resting on the fence: leave big ones to an arborist. A trunk under tension can shift suddenly when cut.
• Part of a pool barrier? Keep children out of the pool area now and organise a secure temporary barrier. The pool owner must take all reasonable steps to keep the barrier maintained, even where it is a shared boundary fence. Check with your council or a registered building surveyor.
• Dog likely to wander? Hire temporary fencing. The Victorian Government lists temporary barriers among the fencing costs neighbours can share.

Photos and records: before anything is moved

Moneysmart's advice for any home insurance claim is to take lots of photos and videos before you move anything. For a fence, capture:

• the whole line from both ends, then close-ups of each damaged section;
• the posts at ground level: snapped, pulled out of the concrete, or soft and rotten (this detail often decides how the claim and the cost-sharing talk go);
• the tree or branch and which side of the boundary it grew on;
• the date and the storm, plus a screenshot of any Bureau of Meteorology warning;
• any older photos of the fence standing, and receipts for temporary fencing or tree work.

Does home insurance cover a fence blown down in a storm?

Often, but it depends on your policy. Moneysmart notes that most home insurance covers storms, including strong winds. Whether your fence is covered, and for how much, comes down to your building policy: insurers commonly exclude wear and tear, rot, termites and poor maintenance, and some policies cap or exclude fences. A sound fence flattened by a severe wind is a very different claim from one whose posts had already rotted through.

Read your product disclosure statement (PDS) and, as Moneysmart advises, talk to your insurer before spending money on repairs. Each owner may be able to claim their share on their own policy, so weigh your excess against your half. If a claim is declined, you can complain to the insurer and then to the Australian Financial Complaints Authority (AFCA).

What a fencer looks at on a fallen fence

Your insurer decides the claim, not us, but these are the signs we read on site.

Who pays for a storm-damaged dividing fence in Victoria?

The Victorian Government's position: dividing fences are joint property, and neighbours contribute equally to a sufficient dividing fence (for homes, its example is a 1.8 metre timber paling fence). If one neighbour wants better than sufficient, they pay the difference. Shared costs can include removing the old fence, clearing the line, surveying and temporary barriers. The exception: a neighbour who damaged the fence deliberately or through negligence must pay for the repairs.

Whether a fallen tree counts as negligence depends on the facts. Talk to your neighbour first, with your photos, then the free Dispute Settlement Centre of Victoria. See who pays for a dividing fence and what to do if your neighbour won't pay. Renting? Most residential tenants do not have to contribute; tell your rental provider in writing.

What is an urgent fencing notice?

Normally you give a Fencing Notice before work starts. The Fences Act 1968 makes an exception for urgent work; its examples (section 23) are a dividing fence damaged or destroyed by a falling tree or branch, fire or flood. The official form also requires that it was impracticable to give a normal notice first, with reasons such as animals escaping or an unfenced pool.

You do the urgent work, then give your neighbour an urgent fencing notice (section 24) setting out:

• whether the fence was damaged or destroyed, and why it could not wait;
• the work done (removal, temporary barriers, repair or replacement), the new fence's height and type, and which side the rails face;
• the total cost, with the receipt attached, and your proposed split, with reasons if it is not 50/50.

Your neighbour has 30 days to respond; if they disagree or do not respond, the matter can go to the Magistrates' Court. The Victorian Government says to almost always use a standard notice and to talk to your neighbour first, and suggests sending any notice by registered post so you have proof it arrived. Official forms are at vic.gov.au/fencing-notice. Our free Fencing Notice generator fills in a standard notice; for urgent works already done, use the official urgent form.

Leaning but not down yet

Many fences survive the storm but lean further with every windy day. Warning signs: posts that wobble or have snapped at ground level, rails pulling off posts, a gap at the base, or the fence leaning into the neighbour's garden. Unless it is about to fall on someone, it is not urgent, so use a standard Fencing Notice. Brace it for safety if needed, and tell your neighbour: it is joint property. If only a few palings are loose, a handyman repair may be all you need. If the posts have gone at ground level, the whole line usually needs replacing (see how long a fence lasts).

Replace it so the next storm doesn't do the same

A solid paling fence works like a sail, loading the posts, footings and rails. What decides whether the new one stands up to the next storm:

• Posts: hardwood posts are our standard (hardwood vs treated pine posts).
• Footings: every post set in concrete, at a depth that suits the height and soil.
• Height and spacing: taller fences catch more wind, and wider spacing loads each post more (height and post spacing).
• Three rails on a 1.8 metre paling fence.
• Trees: check your council's tree rules before removing or heavily pruning big overhanging branches.

Comparing quotes? Line up posts, footings and rails, not just totals (how to compare fence quotes). Removing the fallen fence is itemised (old fence removal), gates are priced separately (gates), and vegetation removal and plant protection are not included. Going steel this time? See Colorbond fencing, or the full fence replacement process.

How quickly can a new fence go in?

Start with the free online instant estimate, then book the free on-site measure. Measures need at least 24 hours' notice (no same-day visits). A standard boundary fence is typically built in one to two days on site once booked, but lead times vary and spring storm weeks are busy. You get a realistic start date at the measure, not a promise.

We build across Melbourne, mostly in the south-east near our Heatherton base: Heatherton, Mentone, Mordialloc, Bentleigh, Black Rock, Frankston, and fencing contractors in Cheltenham and Brighton. See timber fencing in south-east Melbourne.

Common questions

Who is responsible if a fence blows down in Victoria?

Usually both neighbours. A dividing fence is joint property, and neighbours generally contribute equally to a sufficient dividing fence. The exception is deliberate or negligent damage: the neighbour who caused it pays for the repairs. If you cannot agree, the Dispute Settlement Centre of Victoria offers free help.

Does home insurance cover a fence blown down by wind?

Often, but check your policy. Most home insurance covers storms, yet wear and tear, rot, termites and poor maintenance are common exclusions, and some policies limit fence payouts. Photograph the damage, read your product disclosure statement and talk to your insurer before paying for repairs. Each owner may be able to claim their share on their own policy.

Can I replace a fallen fence without my neighbour's agreement?

Only if the work is genuinely urgent: the fence was damaged or destroyed, for example by a falling tree or branch, fire or flood, and it was impracticable to give a normal Fencing Notice first. You then give an urgent fencing notice to seek your neighbour's share. Otherwise, give a standard Fencing Notice and allow 30 days.

My neighbour's tree fell on our fence. Who pays?

It depends on the circumstances. A healthy tree brought down in a severe storm is usually nobody's fault, so the new fence is generally shared equally. If the tree was known to be dead or dangerous and was left that way, the tree owner may be liable for negligence. Talk to your neighbour first, then the Dispute Settlement Centre of Victoria.

Our fence is leaning into the neighbour's yard. What should we do?

Tell your neighbour, keep people and pets clear, and brace it if it could fall. A leaning fence is not usually urgent, so use a standard Fencing Notice. If only a few palings are loose, a handyman repair may be all you need. If the posts have gone at ground level, the whole line usually needs replacing.

Do you repair storm-damaged fences?

We focus on full replacements rather than repairs. If only a few palings or a rail need fixing, a local handyman is usually the better and cheaper option. If posts have snapped or rotted at ground level, or a long section is down, we can replace the line: start with a free online instant estimate, then a free, no-obligation on-site measure and written quote.

General information only, current at October 2026. It is not legal or insurance advice. Fencing law, pool barrier rules and insurance policies change and depend on your circumstances: check your policy with your insurer, confirm pool barrier requirements with your council or a registered building surveyor, and contact the Dispute Settlement Centre of Victoria (1300 372 888) or a lawyer about a dispute with your neighbour.

Sources: Victorian Government, Fencing in Victoria and Fencing Notice templates (standard and urgent forms, updated 26 February 2026); Fences Act 1968 (Vic), sections 23 and 24; Dispute Settlement Centre of Victoria; Energy Safe Victoria, electrical emergencies; VICSES, when to call; Moneysmart, how to make a home insurance claim and storm, flood and fire insurance; Insurance Council of Australia, help in disasters; Building and Plumbing Commission, pool and spa safety barrier inspections. This guide is general information, not legal advice.