Boundary Fences

Erecting or repairing a boundary fence between neighbouring properties is a common occurrence that can be made simple with the help of the Boundary Fences Act 1908 (the Act) and Boundary Fences Regulations 2018 available at www.thelaw.tas.gov.au.  The Act details the requirements of the construction and repair of boundary fences. It also details the obligations of adjoining land owners. For further information, please contact 1300 366 611.

Disclaimer: the following information is intended to help persons gain an understanding of boundary fencing issues and is a GUIDE ONLY. The information provided is not to be taken as legal advice.

Notice to fence or repair existing fence

If you want your neighbour to contribute to the cost of constructing or repairing a fence talk to them first to reach an agreement on the standard of fence and the sharing of costs. If an agreement cannot be reached, a last resort would be to serve a notice on them. To serve such a notice you can give it to your neighbour by handing it to him or her or send it in the mail. If you put up a fence or repair one without serving the proper notice on your neighbour or without any verbal or written agreement between you, your neighbour cannot be made to contribute to the cost.

The forms used for giving your neighbour notice to erect a fence (Form 1) or to repair a fence (Form 2) are found in Schedule 1 of the Boundary Fences Regulations 2018.

Council Restrictions

The following fences do not require a building permit from Council:
• Non-masonry fences (e.g. timber or aluminium) not exceeding 2.1 metres in height above natural ground level.
• Masonry fences (e.g. brick or concrete) not exceeding 1.2 metres in height above natural ground level.

Fences higher than those listed above may be constructed if a building permit is provided by Council. In this situation an appointment should be arranged with Council's Building Department for clarification of the process/procedure.