Fences (and gates)

A Complying Development Certificate may be issued for your fence for land zoned Zone R1, R2, R3, R4 or RU5, if the proposal meets all of the relevant development standards. 

You can use the State Environmental Planning Policy (SEPP) Part 3, Division 4, Subdivision 4, Clause 3.29 to check whether your proposal is a complying development. The individual clause should be read in conjunction with all of Part 3.

If your proposal does not meet all of the standards you must lodge a Development Application.

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application with Council.

The NSW Department of Planning, Industry and Environment has a useful guide to the DA process. 

A dividing fence is a fence that separates the land of adjoining owners, whether on the common boundary of adjoining lands or on a line other than the common boundary.

Prior to constructing a dividing fence between your property and your neighbours, you will need to contact them to work out the location, cost and design of the fence. This matter is covered by the Dividing Fences Act 1991.

If you do not know the name of your neighbour you may submit an Adjoining Owner's Details form to council.

The NSW Dividing Fences Act 1991 addresses how the cost of a dividing fence is shared between owners. Councils have no role to play.

Find out more:

• Fences - Department of Communities and Justice

Council does not have jurisdiction to resolve dividing fence disputes between neighbours.

If there is a dispute and you and your neighbour cannot agree on fencing work, you can:

• Contact the NSW Department of Communities and Justice (CJC) for assistance 

• Apply to the Local Court or NSW Civil and Administrative Tribunal (NCAT) to make orders to resolve the dispute.