Neighbours and the law
A worked example of the standard Fencing Notice under the Fences Act 1968, field by field, plus how to serve it and what happens next.
You do not have to use a Fencing Notice. If you and your neighbour agree on the fence, the contractor and the split, many people simply both sign the agreed quote. The notice matters when you cannot get an answer or may need to go to court later, because a court application needs one. Under the Act, neighbours generally share the cost of a sufficient dividing fence equally. If you want something above that standard, such as a taller or more expensive fence, expect to pay the difference unless your neighbour agrees. Our guide on who pays for a dividing fence covers the rules in full.
Use the standard notice in almost every case. The urgent notice is only for a fence damaged or destroyed by something like a fallen tree, fire or flood that needed immediate work; see our fence blown down guide. This guide covers the standard notice.
The official template from the Dispute Settlement Centre of Victoria asks for the boundary line, the type of works, the contractor, a cost estimate and how much each neighbour should contribute. Our generator uses the same structure. Here is a fictional example to show what goes where.
| Field | What to write | Fictional example |
|---|---|---|
| Notice date | The date you sign and send it | 1 November |
| Owner giving notice | Your full name and the address of your property. It must come from the owner, not a tenant | A. Citizen, owner of the house on the north side of the boundary |
| Adjoining owner | Your neighbour's name and address. If the house is rented, this is the owner, not the tenant | J. Smith, owner of the house next door to the south |
| Boundary | Which boundary, described so nobody can mistake it, with the length | The rear boundary between the two properties, about 24 metres, from the side fence corner to the laneway |
| Type of fence and works | Height, material, posts, and whether the old fence comes out | Remove and dispose of the existing timber fence. Build a new 1.8m timber paling fence with hardwood posts set in concrete |
| Reason | Why the work is needed, in plain words | The existing fence is leaning, several posts have rotted at ground level and palings are missing |
| Who will do the work | The contractor's business name, or say who will build it | The fencing contractor named on the attached written quote |
| Cost estimate | The total estimated cost including GST, ideally matching an attached written quote | $4,000 including GST (illustrative figure only) |
| Split of the cost | What each owner pays. For a sufficient fence, usually half each | $2,000 each |
| Proposed start | When work would start, no earlier than after the 30 day response period | On or after 15 December, subject to agreement |
| Signature | Your signature and contact details for the reply | Signed by A. Citizen, with phone and email |
Fictional names and an illustrative figure. Use your real details, and a cost from an actual written quote for your boundary.
Our free generator walks you through every field above, splits the cost for you, and gives you a notice ready to print or email. No signup needed.
Open the free Fencing Notice generator →The cost estimate is the field most people get stuck on. For a quick, realistic figure, use our free online instant estimate: draw your boundary on a satellite map and see a figure in about 2 minutes. For the notice itself, attach a written quote; our on-site measure and written quote are free, with no deposit to book (we need 24 hours' notice). The paling fence cost guide shows published market ranges.
Our generator can also email a copy, but keep registered post as your proof of delivery.
| If your neighbour... | What happens next |
|---|---|
| Agrees | Get the agreement in writing (signing the quote works), then book the work. |
| Does not respond within 30 days | The work can go ahead, and you can apply to the Magistrates' Court of Victoria to recover their share. |
| Disagrees with the fence, the cost or the split | Talk it through and consider a compromise. The free Dispute Settlement Centre of Victoria (DSCV) can help. If you still cannot agree, you can apply to the Magistrates' Court. |
Only a magistrate can decide a fencing dispute in Victoria; councils do not. A magistrate can decide whether the work is needed, the type of fence, the timing and who pays what. Court takes time and money, which is why DSCV encourages negotiation first. Our guide on what to do when a neighbour won't pay covers this step in more detail.
One firm rule: do not start work and hope. If you build without your neighbour's agreement or without following the notice process, they are generally not obliged to contribute (urgent work is the exception).
With a notice, plan on at least 30 days before work, plus booking and build time; see how long a new fence takes. If you want the fence before Christmas or over January, serve the notice early.
We are based in Heatherton and build timber paling fences, with Colorbond as a second option, across Heatherton, Cheltenham, Highett, Moorabbin, Brighton, Hampton, Sandringham, Black Rock and Beaumaris. Where several neighbours share a boundary, the written quote can set out each owner's section so each notice is easy to fill in. Start with the Fencing Notice generator.
A standard Fencing Notice sets out the boundary line where the work is proposed, the type of fence and works, who will carry out the work, a cost estimate and how the cost should be shared between the owners. Attaching a written quote is recommended. Our free Fencing Notice generator at expanse.builders/notice-to-fence fills in each field for you.
30 days from the day they receive it. If they do not respond within 30 days, the work can go ahead and you can apply to the Magistrates' Court of Victoria to recover their share. That is why registered post is recommended: it shows the day the notice arrived.
You can hand it to your neighbour personally, but the Victorian Government recommends registered post so you can show you sent it and when it was received. Keep a copy of the notice and any quotes. If the property is rented, serve the owner, not the tenant.
Talk it through and look for a compromise, such as paying the extra if you want a more expensive fence. The free Dispute Settlement Centre of Victoria can help. If you still cannot agree, you can apply to the Magistrates' Court, which can decide whether the work is needed, the type of fence, the timing and who pays what.
You need a cost estimate in the notice, and the Victorian Government suggests sending quotes with it. A free online instant estimate is a quick starting point; a written, itemised quote for your boundary is the figure to attach.
Only when a dividing fence has been damaged or destroyed, for example by a fallen tree, fire or flood, and needs immediate work. You can do the urgent work first, then give an urgent fencing notice. For a planned replacement, use the standard notice.
Start with a free online instant estimate: draw your boundary on a satellite map and see a figure in about 2 minutes. Then book a free, no-obligation on-site measure and written quote. We need 24 hours' notice and there is no deposit to book.
Get my instant estimate → Call 0433 938 540General information only, current at October 2026, and not legal advice. For your situation, contact the Dispute Settlement Centre of Victoria or a lawyer. Sources: Fencing in Victoria (Dispute Settlement Centre of Victoria); Fencing Notice templates (vic.gov.au); Fences Act 1968 (Vic); Fences Regulations 2024 (Vic), on legislation.vic.gov.au.