The Brayden Group

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What is a dividing fence?

A dividing fence is a barrier or perimeter that separates two pieces of land/properties, etc.

Who owns a dividing fence?

A dividing fence is owned equally by the adjoining neighbours if it is built on the common boundary line.

Who is responsible for a dividing fence?

Generally neighbours must contribute equally to building and maintaining a dividing fence.

Why is a retaining wall not considered a fence?

Retaining walls serve a different purpose than fences. They are engineered to support built up or excavated earth.

What is a 'notice to fence?'

A notice to fence is a formal document outlining your proposal to either construct or repair a dividing fence.

What should I do if the fence needs urgent repair?

If it’s urgent due to fire, flood, or damage you can proceed with the repair without giving notice and without their permission.

What do I do if someone is damaging my dividing fence?

You can get a Magistrates’ Court order to stop someone from unreasonably damaging a dividing fence.

Aluminium or steel fencing?

Aluminium is advised if your fence is in a harsh environment. Steel is more suitable for high traffic areas such as schools, day care centres, etc.

Do I need to erect a pool fence before I can fill my pool?

Yes. You cannot by law fill your pool until a pool fence has been erected and certified by a qualified Certifier or your Local Council.

What is the minimum height of pool fencing?

The minimum height for any pool fence is 1200mm from any ground surface.