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Dividing fences between properties
Before you build or renovate any fence that functions as a dividing fence, you must give written notice to the occupiers/owners of all affected properties, in accordance with the requirements of the Fences Act 1968. The notice must stipulate the type of fence and the boundary to be fenced.
Usually, the cost of the fence is proportioned equally between the adjoining neighbours. However, this may not be the case if one neighbour wants a much larger or more extravagant fence than the other. In these situations, neighbours must reach an agreement between themselves as to how they should share the cost. If the neighbours cannot agree, the matter can be referred to the Magistrates Court.
Further advice may be obtained from the Dispute Settlement Centre at the Justice Department of Victoria, telephone (03) 9603 8370, or visit Neighbourhood Disputes - Fences for more information on resolving fence disputes.
Alternatively, please visit the website www.fencingonline.com.au - It provides useful information on a whole range of topics dealing with fences.
If you live next to land occupied by the government, you are liable for all costs relating to the replacement or construction of the fence. If the government sells or leases the land to a person or persons, you may then be able to claim half the costs of the fence.
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Fence building requirements
A building permit will be required for the construction of any fence that is constructed of masonry, concrete or the like and being greater than 1.2m in height. A building permit is also required where a fence :
- Exceeds 2m in height
- Exceeds 1.5m in height when within 3m of a street alignment
- Has barbed wire (or the like) within 150mm of a street alignment
- Exceeds 1m in height above the footpath when within 9m of a point of intersection of street alignments
- Exceeds 1.2m in height when within 3m metres of a street alignment - when constructed of masonry, concrete or the like
- Is to be built over an easement
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Building Permit Application Kit
If you require a building permit, download the  Building Permit Application Kit to apply.
Works that do not require a building permit may still require a planning permit. Check with the planning department or visit Planning Permits and Process. All relevant departments should be consulted prior to commencement of works.
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More Information
You can consult with Planning and Building in person at South Melbourne Town Hall, 208-220 Bank Street, South Melbourne.
Use eServices to ask us a question, request information or give us feedback online. If you prefer phone ASSIST on (03) 9209 6777 or TTy (03) 9209 6713 and ask for Planning & Building.
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