Boundary Fence Rules WA

Boundary Fence Rules In WA: Who Pays For What?

We built a fence in Morley last year where the neighbours had not spoken in two years over a $1,400 dispute. Two years of silence over seven hundred dollars each. Boundary fence arguments are one of the most common civil complaints in Perth, and almost all of them are avoidable because the boundary fence rules WA wide are clear and the law protects both sides.

The Dividing Fences Act 1961 sets out exactly who pays for what, how to serve notice, and what happens when adjoining owners cannot agree. This guide explains the act in plain language so you can avoid disputes and get the fence built.

What The Dividing Fences Act 1961 Actually Says

The Dividing Fences Act 1961 governs the construction, repair, and replacement of any dividing fence between adjoining properties in Western Australia. Under the act, different owners of adjoining land are each liable for half the cost of a sufficient fence on the common boundary.

A sufficient fence is a fence determined by local laws prescribing the minimum standard for the area. If no local laws exist, a sufficient fence is one that is ordinarily capable of resisting the trespass of cattle or other large animals, though in suburban Perth that definition has been overtaken by local council standards. The City of Stirling, for example, prescribes colorbond or timber paling at 1.8 metres as the sufficient fence typically constructed on side and rear boundaries. The City of Wanneroo has similar provisions but adds specific requirements for corner lots where sightline truncations apply. The point is this: both adjoining owners share the cost of a fence that meets the minimum standard. Anything above that is where negotiations begin.

The act applies to all land in Western Australia except land used for public purposes, public open space, and certain Crown land. If a covenant relating to fencing exists on the land title, that covenant may modify provisions of the act, so it is worth doing a land title search before serving notice.

How Cost Sharing Works Between Neighbours

The statutory obligation is straightforward: adjoining owners share half the cost of a sufficient fence on the boundary line. If the existing fence is damaged or deteriorated and one property owner wants a new fence, both owners are liable for half the value of a sufficient fence. This is not a favour. It is a legal obligation that runs with the land, meaning it transfers to new owners on settlement.

Where it gets interesting is when one owner wants a fence above the minimum standard. If you want colorbond and the sufficient fence prescribed by local laws is timber paling, you pay half the cost of the timber fence and the full difference between timber and colorbond. Your adjoining neighbour only owes half the cost of the sufficient fence, not half the cost of the upgrade you have chosen. We navigate this split on almost every shared boundary project and always provide quotes showing both figures so neither party feels blindsided.

If the adjoining owners agree in a written agreement to a higher standard, both share the cost equally. A mutual agreement recorded in writing before construction starts protects both parties and prevents arguments after the fence is up. We strongly recommend getting that agreement on paper. A verbal deal over the back fence is worthless if the relationship deteriorates halfway through the build, and we have watched it happen more than once.

Serving Notice On Your Neighbour

Before any building work begins, the property owner who wants the new fence must serve a written notice on the other owner. This notice claiming half the cost must describe the fence proposed, the estimated cost, and a specified time for the neighbouring owner to respond. The act requires at least 21 days for a response.

The notice must include the type of proposed fence, where it will sit on the boundary line, the total estimated cost, and the amount you expect the other owner to contribute. If the fence line also involves retaining walls, the notice should address those separately because retaining is not automatically covered under the Dividing Fences Act 1961.

If the other owner is a tenant, serve the notice on the current owner or their property manager. A tenant does not have authority to agree to fencing work or cost sharing. If the adjoining land is vacant land with no obvious occupant, a land title search through Landgate will identify who may lawfully occupy or own the property. We have helped homeowners track down absent owners on vacant blocks in suburbs from Balga to Langford. It takes time, but skipping this step creates legal problems later.

What Happens When Your Neighbour Refuses To Pay

This is the part nobody enjoys, but it happens more often than you would think. If the neighbouring owner does not respond within the specified time, or refuses to contribute, you have several options.

First, try talking. Nobody wants to go to court over a fence, and most people are reasonable when they see the legal position in black and white. We find that showing a neighbour the relevant section of the act, along with a clear itemised quote, resolves most disagreements without escalation. The relief on both sides when a dispute settles over a cup of tea instead of a courtroom is palpable.

If talking does not work, you can refer the dispute to a mediation service. The Department of Mines, Industry Regulation and Safety oversees the Building Commission, which provides guidance on fence disputes and can direct you to mediation. Mediation is cheaper and faster than court.

As a last resort, the dispute process allows you to apply to the Magistrates Court. The court can make court orders requiring the other owner to pay their share. If the above conditions of the act have been met and proper written notice was served, the court will generally order the adjoining neighbour to contribute half the cost of the sufficient fence. This is a civil matter, and the court can also determine the fence line position if there are boundary issues between the adjoining properties.

You can also proceed with the construction after the specified time has passed, then recover half the value of a sufficient fence from the other owner. The act allows adjoining owners provided with proper notice to recover costs through the Magistrates Court after the fence is constructed. The right to claim half the cost does not disappear just because the other owner ignored the notice.

Front Fences, Height Restrictions, And Building Permits

The Dividing Fences Act 1961 covers side and rear boundaries. Front fences sit under different rules governed by local government building regulations, residential design codes, and the R Codes administered by the WA Planning Commission.

Most local councils enforce fence height restrictions on front boundaries, typically 1.2 metres solid or 1.8 metres with visual permeability. Any fence above the permitted height needs a building permit. Retaining walls combined with fencing above 500mm also require a building permit and may need engineering certification depending on the local government requirements.

Heritage overlays add another layer. In areas like Subiaco and Claremont, front fences on heritage-listed properties may need to match original materials or styles, which can rule out standard colorbond entirely. A substantial building setback can also impose additional building requirements. We handle permit applications as part of FencrGatr projects and know the specific requirements across Perth councils.

Boundary Fence Questions

Here are the questions we answer most often about dividing fence disputes and cost sharing in WA.

What If My Neighbour Wants A Cheaper Fence Than I Do?

Your adjoining neighbour is only obligated to pay half the cost of a sufficient fence as defined by local laws. If you want a higher standard, you pay the difference. If both owners agree on the upgrade through a written agreement, both share equally. We provide quotes showing both the sufficient fence cost and the upgraded option so the numbers are clear for everyone involved.

Who Pays If A Tree From My Neighbour’s Property Damaged The Fence?

Damage caused by a neighbour’s tree does not automatically shift the full cost to them under the Dividing Fences Act 1961. The default position remains that owners share half the cost of replacing a sufficient fence on the common boundary. However, you may have a separate claim for damages if the tree was poorly maintained. That is a civil matter outside the scope of the fencing act.

Do I Need To Give Notice For Repairs?

Minor repairs to an existing fence do not require formal written notice. If the repair involves replacing a substantial portion of the dividing fence or effectively rebuilding it, the notice requirements under the act apply. As a rule, if the repair changes the character or height of the fence, treat it as new construction and serve notice to avoid disputes down the track.

What If The Boundary Line Is Not Clear?

If there is any doubt about where the boundary line sits, engage a licensed surveyor before the fence is constructed. Building a fence on the wrong side of the boundary creates serious problems that are expensive to fix. A survey costs $400 to $800 and settles the question permanently. We recommend this for any property where the existing fence line looks like it may not sit on the actual boundary.

Get The Fence Built Without The Drama

Most boundary fence projects go smoothly when both owners understand the rules upfront. FencrGatr provides separate quotes for each side of the fence, helps with notice preparation, and makes cost sharing simple. If you are dealing with a difficult neighbour or a dividing fence dispute that has stalled, we can walk you through the dispute process and get the project moving. Call 1300 441 366 for a free quote or visit our contact page to get started.

Recent boundary project: aluminium slat boundary fencing in Stirling.