The Fencing Notice, the 30-day rule, free mediation and the Magistrates' Court, plus what to do about renters, missing owners and fences off the boundary.
This guide is for when a friendly chat hasn't worked: your neighbour won't pay, won't answer, wants a different fence, or has already gone ahead without you. For the basics of the 50/50 split, start with our who pays for a dividing fence guide. This page covers the dispute path, using the Victorian Government's fencing guidance and the Fences Act 1968.
The Fences Act gives you a clear order of steps. Skipping one is the most common way people end up paying for the whole fence themselves.
| Step | What you do | Timing and why it matters |
|---|---|---|
| 1. Talk | Explain the problem, show photos of the fence, share a written quote. | Any time. The official advice is to resolve fence issues by direct discussion first. |
| 2. Fencing Notice | Use the official standard notice or our free Fencing Notice generator. Set out the boundary line, the type of works, the contractor, the cost estimate and each owner's share. Attach the quote. | Day 0. Registered post is recommended so you can prove the day it was received. |
| 3. Wait 30 days | Your neighbour can agree, disagree and propose something else, or say nothing. | No response: the works in the notice can go ahead. Disagreement: you can't proceed without agreement. |
| 4. Mediation | Contact the Dispute Settlement Centre of Victoria (DSCV) on 1300 372 888. | Free, voluntary and confidential. Usually far quicker and cheaper than court. |
| 5. Magistrates' Court | File a fencing complaint in the Magistrates' Court of Victoria. Get legal advice first. | After the 30 days (sections 17 and 21 of the Act). The last step, not the first. |
The Victorian Government's guidance says only magistrates can decide fencing matters in Victoria. Under section 30C of the Act, orders can cover the line of the fence and the common boundary, whether a fence or works are needed at all, what counts as a sufficient fence, who does the work, how the cost is split, and the timeframe for building it. A magistrate rules only on the legal points, so the outcome may not settle everything that matters to you, and court takes time and money.
Fill in our free Fencing Notice generator (no signup), then attach a real figure: draw your fence line for a free online instant estimate. Your on-site measure and written quote are free, with no obligation and no deposit to book.
Make my Fencing Notice → Get my instant estimate →Silence is frustrating, but it isn't always refusal. The Victorian Government's guidance suggests not assuming your neighbour doesn't want the problem fixed. They may be worried about timing or money, unsure of their rights, or just need help starting the conversation. A few things help:
Your neighbour has 30 days from the day the Fencing Notice is given to respond (section 19 of the Act), which is why proof of delivery matters. If they don't respond at all, the works can go ahead without their agreement, and you can then apply to the Magistrates' Court to recover their share (section 21). Build what your notice proposed: the same type of fence, height and contractor. If you change the job, you weaken your claim. Recovering the money still means a court application, so get legal advice before you file.
The Fences Act doesn't set one required height or material. Whether a fence is "sufficient" depends on things like the style of the existing fence, how the land is used, reasonable privacy and security, and the fences common in your area. Section 6 of the Act also lists council fencing policies, planning rules, building laws and covenants. The Victorian Government's example for homes is a 1.8 metre timber paling fence.
If one of you wants a higher standard than sufficient, that owner generally pays the extra cost (section 8 of the Act), unless you both agree to share it. The official guidance encourages compromise, for example offering to pay more than half for a more expensive fence. Weighing up an upgrade? Our lapped and capped fence guide explains what the extra buys.
Many "won't pay" disputes are really "won't pay that much". Your neighbour can respond to the notice with a different fence, contractor or contribution, so invite them to get their own quote and compare line by line. Published industry cost guides put a standard 1.8m timber paling fence in Melbourne at roughly $120 to $190 per metre installed in 2026 (a market range, not our price). Most of the gap between two quotes for the "same" fence is what's inside it:
| Item | What to check on both quotes |
|---|---|
| Posts | Hardwood or treated pine, size and spacing. We use hardwood posts as standard. |
| Rails | Three rails is the standard for a 1.8m paling fence. Two-rail fences sag sooner. |
| Footings | Every post set in concrete, at a proper depth for the height. |
| Palings and finish | Butted or lapped palings, plinth board, capping. |
| Old fence removal | Included, itemised or left out? Demolition and tip fees add up. |
| Clearing and plants | Vegetation removal and plant protection are often excluded, including from our quotes. |
| Gates | Usually priced separately. See gates. |
Two quotes that list the same items can be compared fairly. We won't always be the lowest price, but our written quote spells out what's included so both owners can make that comparison. See how to compare fence quotes and paling fence height and post spacing.
Enter your address, draw the fence line, and get a free online instant estimate. Your on-site measure and written quote are free, with no obligation and no deposit to book.
Get my instant estimate →The official guidance is clear: work on a dividing fence needs the neighbour's consent or the correct legal process before it starts. If that step is skipped, the other neighbour is not legally obliged to pay anything. So if a new fence went up without a Fencing Notice or your agreement, you generally don't owe a share. Two caveats:
If work is starting and you haven't agreed, ask your neighbour to pause and talk, then contact the DSCV. If works are done without an agreement, a court order or the Act's process, section 12 of the Act says the adjoining owner may file a complaint in the Magistrates' Court. The same rule protects you: don't book work on a shared fence, including removing the old fence, until the paperwork is done.
Residential and retail tenants generally don't contribute, so your notice goes to the owner (the rental provider). Long-term renters on other leases, such as commercial leases, may have to contribute depending on how long is left on the lease, and only if they've been given the specific notices set out in the Fences Regulations 2024.
| Lease time remaining | Long-term renter contributes |
|---|---|
| Less than 5 years | Nothing |
| 5 years to less than 10 years | Half of the owner's share |
| More than 10 years | All of the owner's share |
Separately, under section 9 of the Act, an owner whose negligent or deliberate act (or that of someone on their land with their consent) damages a dividing fence is liable for the full cost of fixing it.
Plenty of old Melbourne fences wander off the true line. A fence that separates two properties is still a dividing fence even if it isn't on the common boundary, and both neighbours have the same rights and obligations for it.
If you can't agree where the boundary is, the Act has a separate process: a boundary survey notice, and a licensed surveyor to define the common boundary. The reasonable survey cost is generally shared equally, unless the surveyor confirms the boundary is where your neighbour said it was (section 30A).
One caution: a fence built off the line can raise questions about who owns the strip in between. The Act lets a person claim title by possession (adverse possession) to that land as part of a fencing complaint (section 30E), and the court can order compensation for loss of land. If you think a fence is well off the line, or your neighbour's fence sits on your land, get legal advice before anything is pulled out. If either owner is unsure of the line, survey before you replace. It's far cheaper than moving a new fence.
Owners can agree which side the rails and framing go on, and the Fencing Notice asks you to propose it. If there's no agreement or court order, section 32 of the Act sets the default:
| Situation | Rails and framing face |
|---|---|
| Replacing with a similar fence | The same side as the old fence |
| A different type of fence, or no previous fence | The side least exposed to weathering |
| Residential land next to commercial land | Into the residential land |
| Next to land with public access or a right of way | Into the residential or commercial land |
We build timber paling and Colorbond dividing fences across Melbourne from our base in Heatherton: the south-east suburbs, eastern suburbs, northern suburbs and western suburbs, plus Colorbond fencing (see Colorbond in the south-east). Close to home that includes Heatherton, Mentone, Bentleigh, Bentleigh East and Highett, with fencing contractors in Cheltenham and Brighton, and further out in suburbs such as Box Hill. Gates are priced separately, and old fence removal is available and itemised on the quote.
Start by talking and sharing a written quote. If that fails, give them a formal Fencing Notice under the Fences Act 1968 with the quote attached, ideally by registered post. If they don't respond within 30 days, the work can go ahead and you can apply to the Magistrates' Court to recover their share. If they respond but disagree, you can't proceed without agreement, so use the free Dispute Settlement Centre of Victoria, then the Magistrates' Court if needed.
If your neighbour doesn't respond within 30 days of being given the notice, you can carry out the works set out in the notice without their agreement, then apply to the Magistrates' Court to recover their contribution. Keep proof of the day they received it, which is why registered post is recommended, and build what the notice proposed.
For a shared dividing fence, the work needs your agreement or the Fences Act process before it starts. If your neighbour skips that step, the Victorian Government's guidance says you are not legally obliged to pay anything. The exception is urgent repairs after damage such as a fallen tree, fire or flood, which can be done first and followed by an urgent fencing notice. If work starts without agreement, talk first, then contact the Dispute Settlement Centre of Victoria.
A dividing fence is a shared responsibility, and the Fences Act 1968 defines fencing works to include demolishing or removing a dividing fence. That means your neighbour should have your agreement, a Fencing Notice process or a court order first, unless urgent work is needed after damage. If it happens without that, the Act (section 12) says the other owner may file a complaint in the Magistrates' Court. Talk first, then contact the Dispute Settlement Centre of Victoria.
No. The Dispute Settlement Centre of Victoria provides free dispute resolution services to all Victorians, and its mediation is free, voluntary and confidential. Staff can also help you fill in a Fencing Notice or choose between the standard and urgent notice. Call 1300 372 888.
The owner. Most residential and retail tenants don't have to contribute to a dividing fence, so ask the tenant for the property manager's or owner's details and serve your Fencing Notice on the owner. If you can't get details, ask your local council or run a LANDATA title search (fees apply). Only some long-term renters on other leases, such as commercial leases, can be liable.
Draw your fence line for a free online instant estimate, then book your free, no-obligation on-site measure and written quote. Ask us to show each owner's share on the quote so it's ready to attach to your Fencing Notice. No deposit to book, and measures need at least 24 hours' notice.
Get my instant estimate → Call 0433 938 540General information only, current at October 2026. Fencing rules come from the Fences Act 1968 (Vic) and the Fences Regulations 2024 and can change, and every boundary is different. For your situation, contact the free Dispute Settlement Centre of Victoria, check with your council, or get legal advice before acting or going to court.
Sources: Fencing in Victoria (vic.gov.au), Fencing Notice and the official standard notice (vic.gov.au), Dispute Settlement Centre of Victoria, Fences Act 1968 (Vic), Fences Regulations 2024 (Vic), Magistrates' Court of Victoria: civil matters, Victoria Legal Aid: fences and trees and LANDATA. Market price range from published industry cost guides (What's The Damage, Airtasker), 2025 to 2026. This guide is general information, not legal advice.