Dividing Fences

The laws covering dividing fences can be found under the Dividing Fences Act 1991.

Usually, dividing fences do not require Council approval and Council does not adjudicate disputes between neighbours involving dividing fences.

What is a dividing fence?

• A dividing fence is a fence that separates the land of adjoining owners.
• A dividing fence can be a structure, ditch, embankment, a hedge or similar vegetative barrier, a gate or a watercourse.
• It does not include a retaining wall or the wall of a building.

When is Council approval needed for a dividing fence?

Approval is required only if the proposed fence does not meet the criteria in State Environmental Planning Policy (Exempt and Complying Development) 2008. In general, most dividing fences do not require Council approval.

Disputes involving dividing fences

Generally, both owners share the cost equally for a satisfactory dividing fence. 

It is important to talk to your neighbour about your fencing issue, so you can resolve your dispute without going through the court process.  

Information and support about dividing fences, boundaries and retaining walls can be found on the Legal Aid NSW website or contact them on 1300 888 529. 

What if my adjoining landowner is Council or another government authority?

Councils and other government authorities are not required to contribute to the cost of dividing fences.

This means that if you share a boundary with Council or another government authority, you will be solely responsible for the full cost of erecting a dividing fence.

If you require further information regarding dividing fences with property that adjoins Campbelltown City Council owned land please contact our Customer Service team on 02 4645 4000.