Dividing fences
In most instances, you will not need a Development Application for the installation of a dividing fence between properties.
To determine if your fence is exempt from needing development consent, check Parts 1 and 2 of State Environmental Policy (Exempt and Complying Development Codes) 2008.
If in doubt, speak to a Council Planning Advisor who will be able to provide guidance.
However, you do need to inform your neighbour if you intent to install, fix or replace a dividing fence. The cost of a dividing fence is shared between adjoining land owners under the Dividing Fences Act 1991.
If you can't reach an agreement with your neighbour, you have the following options:
- request mediation through a Community Justice Centre
- serve a Fence Notice via LawAccess NSW
- or apply to the NSW Civil and Administrative Tribunal to make an order to resolve the dispute.
