Are you planning to build a new fence or replace an existing one? It’s a good move to enhance your home’s safety, security, and privacy.
But do you know you must follow specific rules and regulations when building a fence? The laws are meant to reduce disputes over boundary issues.
If your fence is dividing, ensure it meets the requirements in the Dividing Fences Act 1991. This article highlights some legal limits your fence should adhere to in NSW.
1. Maximum height
According to the NWS fencing laws, residential fences should not exceed 1.8 meters in height. Fences along a primary or secondary road must not exceed 1.2 meters. However, your fence might go as high as 2.2 meters under certain circumstances.
If your boundary fence exceeds the height limits for fences, you must seek expert advice from a qualified NSW surveyor. You can also contact your local council to ensure your fence complies with their rules.
Remember, the maximum height limit for NSW fences is to ensure that the fences do not interfere with public safety or infringe on the rights of neighbouring properties.
2. Neighbourhood disputes
Before erecting a fence, discussing the move with your neighbours is essential to prevent any disputes.
You must talk to your neighbour and come up with a written agreement. Be polite and listen to your neighbour's thoughts on the fence. Remember, you might agree or disagree about the fencing work, so be prepared for either outcome.
3. Materials and appearance
In some areas, you have the freedom to choose the material and appearance of your fence. However, there are some limitations to the choice of fencing material and the appearance of your fence.
For instance, if you live in a bushfire-prone area, you must only use non-combustible materials to build your fence.
Additionally, if your fence is visible from the street, it must be well-maintained and aesthetically pleasing.
4. Boundary and setback requirements
Your fence must comply with setback and boundary requirements, which dictate how far away from the boundary it should be.
Generally, you should build your fence within the boundaries of your property. However, some councils may have a specific setback requirement that you must follow.
5. Dividing fence laws
Do you share a boundary with your neighbour? If yes, you may all be required to contribute to the cost of building or maintaining the dividing fence.
The Dividing Fences Act 1991 outlines the legal requirements for dividing fences in NSW. Please comply with these requirements to avoid legal disputes.
Final thoughts about fencing limitations in NSW
Fencing your property enhances your home’s security and privacy while increasing your home’s value. However, if you live in NSW, you must understand all the laws and regulations governing fencing in your state. This includes height limitations, materials and appearance, and neighbourhood disputes.