In accordance with the Dividing Fences Act 1991, an owner wanting an adjoining owner to share in the cost of a dividing fence must first serve a Fencing Notice on that adjoining owner (personally or by post). Unless urgent fencing work is required, no fencing work for which a land owner seeks a contribution from an adjoining owner should be done until agreement is reached.

To assist property owners contact their adjoining neighbours, who do not reside on their property or whereby the property is vacant land, Council will forward their completed Fencing Notice on their behalf.

Completed Fencing Notices can be addressed to 'The Rates Section' and returned to Council via fax (02) 6648 4199 or posted.  Alternatively, scanned forms (with an owner's signature) can be e-mailed to Council.

Please Note:  Council will forward a Fencing Notice(s) to the postal address of the adjoining property owner(s) but accepts no responsibility for the receipt or outcome of the notice(s).

If you require assistance in completing this form please contact Council's Rates Section on (02) 6648 4444 during business hours.

Fencing Notice

When a Fencing Notice need not be served

If urgent fencing work is needed on a dividing fence which has been destroyed or damaged (for example, due to a storm or accident), adjoining owners must share equally the cost of that urgent work even though a fencing notice has not been served. Reasons for urgent fencing work include safety, security or to prevent stock loss. A local court or local land board can review any dispute arising out of these circumstances.

An owner who goes ahead and builds a new fence without consulting the adjoining owner, before either coming to an agreement or seeking an order, has no grounds under the Act for recovering the cost. Any agreement about fencing, including the type, position and contributions to cost, should be in writing and signed. If either owner does not carry out their part of the agreement within the agreed time, the other owner can go ahead with the work and later recover the cost as a debt in the local court.

An owner can apply to a local court or local land board for an order about costs if a fencing notice is unable to be served because the whereabouts of the adjoining owner are unknown.