One of the most common questions we hear at SureFence WA is, “Who pays for the fence between neighbours if we want to update or add a fence?” Whether you’ve just purchased a home in the city, or own a rural property, understanding your rights and responsibilities regarding boundary fences is essential for maintaining good neighbourly relations and complying with Western Australian regulations.
With over 20 years of experience providing expert fencing solutions throughout Perth and beyond, we’ve created this detailed guide to help you navigate the sometimes complex world of boundary fencing between neighbours in Western Australia.
What Exactly Is a Dividing Fence?
First, though, we need to be clear about exactly what a dividing or boundary fence is. A dividing fence is a structure that separates adjoining lands owned by different people. In Western Australia, this is officially defined under the Dividing Fences Act 1961 as a fence that separates the land of different owners, whether on the common boundary of adjoining lands or on a line other than that common boundary.
Why are Dividing Fences Important?
Dividing fences serve several important purposes:
- Clearly marking property boundaries to prevent disputes.
- Providing privacy and security for property owners.
- Containing pets and children safely within property limits.
- Enhancing the aesthetic appeal and value of properties in residential areas.
Who Pays for the Fence Between Neighbours in Western Australia: The Short Answer
As a general rule, the answer to who pays for a fence between neighbours is that the cost is shared between the two parties involved. In Western Australia, the cost of constructing or replacing a sufficient dividing fence is usually shared equally between adjoining land owners. This principle was established by the Dividing Fences Act 1961 (WA) that governs boundary fencing throughout the state.
Who Pays for the Boundary Fence: A Longer Answer
It’s helpful to understand some more details on this topic. Let’s start with the term “sufficient fence” that is mentioned in the Dividing Fences Act. A “sufficient fence” in Perth residential areas typically means a fence that satisfies local council requirements. In rural properties around Perth’s regional surroundings, this might differ depending on the primary purpose of the land.
The equal cost-sharing principle mentioned above applies in standard situations, but there are some important exceptions:
- If one neighbour wants a fence that exceeds the standard of a “sufficient fence,” they must pay the additional cost.
- If a fence is damaged by one neighbour (or their tenants), they’re responsible for the repair costs.
- Special provisions apply when one property is vacant land or owned by the government.
Remember that these rules apply specifically to Western Australia and may differ from other Australian states. It’s possible that your local council may have specific requirements about fences that you need to know, too, so it’s always wise to read your council’s website or talk to their representatives.
Do I Need to Notify My Neighbour Before Building a Boundary Fence?
Yes, proper notification is crucial. Before constructing or replacing a dividing fence in Perth or anywhere in WA, you must provide a written notice to your neighbour. This “Notice to Fence” should include:
- Your intention to build or replace the fence.
- A description of the proposed fence (materials, height, length).
- The estimated total cost and how much you’re requesting from your neighbour.
- The proposed timeline for construction.
Under Western Australian law, this notice must be given at least 21 days before commencing any work. This is one of the key boundary fence rules in WA and allows your neighbour sufficient time to consider the proposal and respond.
What Permits, If Any, Do I Need for a Dividing Fence?
For most standard dividing fences in Perth residential areas, you don’t need a specific building permit. However, there are some important exceptions:
- Fences exceeding 1.8 metres in height typically require council approval.
- Fences in bushfire-prone areas may have special requirements.
- Heritage properties in older Perth suburbs may have restrictions.
We recommend checking with your local Perth council or relevant regional authority before proceeding with any fencing project to ensure compliance with local regulations.
What If I Want to Upgrade an Existing Boundary Fence?
If there’s already a sufficient fence in place but you want to upgrade it for aesthetic or other reasons, the cost-sharing arrangement changes. In this scenario:
- If the existing fence is in good condition and considered “sufficient” under WA law, the neighbour who wants the upgrade generally bears the full cost.
- If the existing fence is deteriorated or no longer sufficient, the normal cost-sharing rules apply.
- Any salvageable materials from the old fence should be factored into the cost calculation.
For Perth homeowners in established suburbs, this is a common scenario when one owner wishes to upgrade from older timber paling fences to modern materials like Colorbond steel.
What Materials Can Be Used for Boundary Fences?
Western Australian properties can utilise various fencing materials, each with advantages and considerations. The three most common options we work with are:
- Colorbond steel: Durable, low-maintenance, and available in many colours. Very popular in Perth suburbs for its sleek appearance and long lifespan.
- Timber: Traditional and natural-looking but requires more maintenance. Still common in older Perth neighbourhoods.
- Aluminium: Lightweight, rust-resistant, and ideal for decorative front fences in upscale Perth areas.
Wondering which is better for your property, Colorbond vs. aluminium fencing or aluminium vs. timber? The appropriate material depends on your location, budget, and the primary purpose of the fence. What works in Joondalup might differ from what’s ideal for a rural property in Perth’s eastern surroundings, for instance.
What If My Neighbour and I Disagree About the Boundary Line?
Boundary disputes can be challenging, but Western Australia has established processes to resolve them:
- First, check your certificate of title and property diagrams.
- Consider engaging a licensed surveyor to definitively mark the boundary.
- If disagreement persists, mediation through the Citizens Advice Bureau is recommended.
- As a last resort, applications can be made to the Magistrates Court of Western Australia under the Dividing Fences Act.
Boundary disputes are particularly common in older Perth suburbs where property markers may have been lost over time. Professional surveying, while initially costly, often prevents more expensive legal proceedings.
Who’s Responsible for a Fence When the Neighbouring Land Is Vacant?
When your property adjoins vacant land in Western Australia:
- You can still erect a dividing fence and later claim half the cost when the vacant land is developed.
- You must serve a notice on the owner of the vacant land before constructing the fence.
- The owner of the vacant land is not obligated to contribute until they build on or use the land.
This situation is common in Perth’s developing outer suburbs and regional areas where more subdivisions are appearing.
Need Expert Boundary Fence Advice in Perth?
At SureFence WA, we’ve been helping property owners throughout Perth, the northern suburbs, and regional surroundings navigate boundary fencing challenges for over two decades. Our award-winning team understands Western Australian fencing regulations inside and out.
Whether you’re planning a new fence, dealing with a fencing dispute, or simply want advice on the best materials for your specific location, we’re here to help.
Contact us for a no-obligation quote or to discuss your fencing needs with our friendly, knowledgeable team. Let us help you create boundaries that not only comply with WA regulations but also enhance your property’s security, privacy, and value for years to come.