Some of the most common questions we encounter relate to payment of boundary fencing and retaining – in particular, which neighbour is responsible for paying? At Cooper Carpentry & Fencing, we understand the importance of clarity and communication when it comes to resolving boundary fence and retaining disputes. Here, we’ll explore the legal principles and common practices surrounding the responsibility for paying for a boundary fence and retaining, helping homeowners navigate this often contentious issue with confidence.
Boundary fencing
In NSW, the Dividing Fences Act 1991 mandates that adjoining property owners equally contribute to the construction, repair or maintenance of a “sufficient dividing fence” meeting the standards set out in the Act, including height, materials, and structural integrity. However, if one neighbour seeks upgrades beyond what is considered “sufficient,” such as opting for premium materials like hardwood, the neighbouring property owner isn’t required to share the additional costs. Likewise, if one neighbour causes damage to the boundary fence, the neighbouring property owner isn’t obligated to cover repair costs. In all scenarios, mutual agreement between both neighbours is crucial to ensure mutual satisfaction and prevent future disputes.
Boundary retaining
The Dividing Fences Act 1991 also now applies to retaining walls, or specific sections thereof, that serve as a necessary foundation or support for a boundary fence. In such cases, the retaining structure is considered part of the “fence” and can be factored into the equal sharing of costs for fencing work. However, if the primary purpose of the retaining wall is to retain land rather than support a fence, the cost-sharing rules outlined in the Act may not apply. Instead, the property owner benefiting more from the retaining wall typically assumes responsibility for its construction, repair or maintenance costs. If in doubt, we recommend seeking advice from the local council.
Dispute resolution and agreements
Despite the clear guidelines provided by the Dividing Fences Act, disputes over boundary fences and retaining can still arise between neighbours. In such cases, it’s advisable for property owners to attempt to resolve the dispute amicably through open communication, negotiation, and mediation. If a resolution cannot be reached, legal avenues such as the NSW Civil and Administrative Tribunal (NCAT) may be pursued to resolve the dispute. Even where neighbours have come to an agreement regarding their respective responsibilities for the fence and/or retaining, including cost-sharing arrangements, putting the agreement in writing can be beneficial to prevent misunderstandings and minimise the likelihood of disputes arising in the future.
Navigating the issue of who pays for a boundary fence and retaining can be complex, but with a clear understanding of the legal principles and open communication between neighbours, it’s possible to reach a fair and amicable resolution. If disputes arise, these should be resolved through communication, negotiation and legal avenues if necessary. At Cooper Carpentry & Fencing, we’re committed to assisting homeowners in navigating these issues with clarity and confidence, ensuring positive outcomes and harmonious neighbourly relations.