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Fences

Take into account the cost of fencing when you work out your budget for building a new home.

If your land is located in a housing estate, the contract of sale may state that an owner cannot collect a contribution towards the cost of the fence from the developer if the neighbour's block is unsold. A contract may also state that the buyer of the land has to pay the developer or the neighbour for existing fencing.

The cost of a new or replacement fence is generally shared equally between two neighbouring owners. A ‘notice of intent' is served by the owner wanting to build or replace the fence to the other owner. The notice can be delivered in person, or sent by Registered Post. It must give the other party 30 days to respond.

If the owner who is served the notice is dissatisfied with the proposal, a Cross-Notice can be completed and given back to the serving owner. If a fencing dispute remains unresolved, either neighbour can apply to a Magistrates Court for a court order.

Council approval is normally needed to build a masonry fence higher than one metre, or any other type of fence higher than two metres, measured from the lower side.

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