Fences Act toolkit for Victoria: every step on one page

By Pete Kendall, registered building practitioner CDB-U 67771 · Updated 8 November 2026

The toolkit at a glance

1. What counts as a sufficient dividing fence

The Act does not set one height or material. Section 6 lists what to consider, including the existing fence, how both properties are used, reasonable privacy, the types of fence common in the area, any council fencing policy, planning and building rules, and covenants on the land. The Victorian Government fencing page gives a 1.8 metre timber paling fence as an example of a sufficient fence in a residential area. Council and building rules still decide what you are allowed to build, so check our permit guide before you choose a height.

2. Equal sharing, and when it is not equal

Section 7 says adjoining owners are liable to contribute in equal proportions to fencing works for a sufficient dividing fence, unless they agree to another split. The exceptions matter:

• A better fence than sufficient. Under section 8, the owner who wants the higher standard (extra height, a dearer material, lattice) generally pays the extra.
• Damage. Under section 9, an owner whose negligent or deliberate act (or that of someone on their land with consent) damages the fence is liable for the full repair or replacement. The Act says this includes damage in the course of developing land, and its examples include creepers, soil piled against a fence and things such as clotheslines attached to it.
• Public parks and reserves. A council or trustee is not an owner for a public park or reserve, and the Act does not apply to unalienated Crown land, so a 50/50 claim may not be available. Some councils contribute by choice.
• Owners corporations. Common property counts as owned by the owners corporation, and its rules can replace the Act between lots.
• Tenants. Most residential renters do not contribute. Long-term tenants on some leases can.

Shared costs can include more than the fence itself: the official page lists clearing the line, removing the old fence, a boundary survey and temporary fencing. Our cost split examples put numbers on each case.

3. The Fencing Notice

Talk first. If you cannot agree, section 13 lets you give a written Fencing Notice. It must include the boundary line for the work, the type of fence or works, and, if you want a contribution, an estimate of the cost with how it was worked out, each owner's proportion and the amount your neighbour would pay. It should also give your details, the date, any contractor and a statement that either owner may seek help from the Dispute Settlement Centre of Victoria.

• Use the official Fencing Notice templates (standard and urgent, PDF and Word) or our free Fencing Notice generator.
• Give it personally or by post. The Victorian Government recommends registered post so you can show the day it was received.
• Attach a written quote. Our field by field guide shows a completed example.

Without an agreement or a Fencing Notice, section 12 says you should not go ahead with the works under the Act, and the official page warns that a dispute would then be settled under contract law instead.

4. The 30 days

Your neighbour has 30 days from the day they receive the notice. What happens next depends on their answer:

If you cannot find the owner, ask a tenant for the property manager, ask council (the Act lets a council release an owner's name and address for a fencing notice) or search the title through LANDATA (fees apply). Our neighbour won't pay guide covers each path.

5. Disagreement: mediation, then the Magistrates' Court

The Dispute Settlement Centre of Victoria offers free, voluntary and confidential mediation for neighbour disputes, including fences. Call 1300 372 888. Councils do not settle private fence disputes. If mediation fails, the Magistrates' Court of Victoria can make orders under section 30C about whether works are needed, the type of fence, timing and each owner's contribution. The official page puts it plainly: only magistrates in Victoria can decide on fencing matters. Court is the last step, so get legal advice first.

6. Urgent fencing works

Section 23 allows urgent works without a notice or agreement where a dividing fence has been damaged or destroyed, the work is urgent and giving a notice first is impracticable. The Act's examples are a falling tree or branch, fire or flood. Afterwards, section 24 lets you give an urgent fencing notice describing the land, the boundary line, the works, why they were urgent, the cost with a copy of the receipt and each owner's share. If your neighbour disagrees or does not respond within 30 days, you can go to the Magistrates' Court (sections 25 and 26). Not every repair is urgent, so talk to your neighbour first where you can. Our storm damage guide covers making it safe and insurance.

7. Boundaries, rails and access

• Boundary in doubt? Sections 28 to 30A set out a boundary survey notice and how the survey cost can be shared. A land surveyor fixes the line.
• Which side the rails face. Section 32: next to a public place or right of way, the rails face into the private land. Otherwise a like-for-like replacement keeps the rails on the same side, and a new or different fence puts them on the side least exposed to weather, unless you agree otherwise.
• Access. Section 33 lets an owner carrying out fencing works under the Act, or their contractor, enter the adjoining land at a reasonable time to do the work.

Fences Act checklist

1. Talk to your neighbour about the fence, its condition and what you want to build.
2. Confirm the owner (not the tenant) and their address.
3. Check the boundary line, and get a survey if it is in doubt.
4. Check height and permit rules with your council or a building surveyor.
5. Agree what happens to trees, creepers and anything attached to the fence.
6. Get a written quote with the length, height, materials, removal and each owner's share.
7. Prepare a Fencing Notice with the quote attached, and keep a copy.
8. Serve it by registered post and note the date it was received.
9. Wait 30 days, keeping notes of every reply.
10. If you disagree, call the Dispute Settlement Centre of Victoria before thinking about court.
11. Build what the notice proposed, keep receipts and photos, and settle the shares as agreed or ordered.

Where we fit in

We are a fencing contractor, not lawyers. We help with the practical parts: a written quote that shows each owner's share, and a fence built with hardwood posts in concrete as standard. Pete Kendall is a registered building practitioner (CDB-U 67771). For local rules, see Kingston, Bayside, Glen Eira and Monash.

Common questions

Do neighbours have to split the cost of a fence in Victoria?

Generally yes, for a sufficient dividing fence. Section 7 of the Fences Act 1968 (Vic) says adjoining owners contribute in equal proportions unless they agree otherwise. The owner who wants a better fence than sufficient usually pays the extra, and an owner who damages the fence negligently or deliberately pays for the repair.

How long does my neighbour have to respond to a Fencing Notice?

30 days from the day they receive it. If they agree, you build. If they respond but you still disagree after 30 days, either owner can go to the Magistrates' Court. If they do not respond at all, you can start the works and recover their share through the court.

Can I build a fence without my neighbour's agreement?

Only through the Act's process. You can go ahead after serving a Fencing Notice if your neighbour does not respond within 30 days, if the owner cannot be found after reasonable inquiries, or for urgent works on a damaged or destroyed fence. Otherwise, building without agreement can leave you with no way to claim a share under the Act.

Does VCAT or council decide fence disputes in Victoria?

No. The Victorian Government says only magistrates can decide on fencing matters, so disputes go to the Magistrates' Court. Councils do not settle private fence disputes. The free Dispute Settlement Centre of Victoria (1300 372 888) can help you reach agreement first.

What is an urgent fencing notice?

A notice given after urgent works on a dividing fence that was damaged or destroyed, for example by a falling tree, fire or flood, where giving a notice first was impracticable. It sets out the works, why they were urgent, the cost with a receipt and your neighbour's share. Your neighbour then has 30 days to respond.

Who pays for a fence next to a park or council reserve?

Often you do. The Fences Act says a council or trustee is not an owner for a public park or reserve, and the Act does not apply to unalienated Crown land. Some councils contribute by policy, so ask your council before you start.

Is this page legal advice?

No. It is a plain-English summary of the Fences Act 1968 (Vic) and the official Victorian Government guidance. For your situation, contact the Dispute Settlement Centre of Victoria or get legal advice.

Not legal advice. This page is general information only, current at 8 November 2026, based on the authorised version of the Fences Act 1968 (Vic) and the Victorian Government's fencing guidance. Laws and forms change. For your situation, contact the Dispute Settlement Centre of Victoria or a lawyer. Sources: Fences Act 1968 (Vic), legislation.vic.gov.au; Fences Regulations 2024 (Vic); Fencing in Victoria (Victorian Government); Fencing Notice templates; Dispute Settlement Centre of Victoria; Magistrates' Court of Victoria.