Dividing fences in NSW: who pays, and how the fencing notice works

Published 28 October 2026

Who pays for a dividing fence in NSW?

A dividing fence is any fence separating two neighbours' land, on the boundary or on another line (s 3). Adjoining owners are liable to contribute equally to a fence "of a standard not greater than the standard for a sufficient dividing fence" (s 7(1)).

If one owner wants a better fence than that, say a taller fence, a lattice extension or hardwood where treated pine would do, that owner pays the extra (s 7(2)). The Act counts owners, so a tenant isn't liable, but a lessee with at least 5 years left on the lease is treated as an owner (s 3).

What counts as a sufficient dividing fence?

The Act doesn't set a height or material. If neighbours can't agree, the Local Court or NCAT decides, considering all the circumstances, including:

• the existing dividing fence, if there is one
• what each property is used for
• the neighbours' privacy and other concerns
• the kind of dividing fence usual in the area
• any council policy on dividing fences, and any planning rules for the land

In a newer Maitland estate where every yard has a 1.8 m steel fence, that's likely to be the usual kind; in an older street of timber paling fences, timber may be. Your own case is decided on its facts.

How to serve a fencing notice in NSW

To make a neighbour contribute, serve a notice in writing (s 11). It has to give:

• the boundary line the work is on, or the line it will be on if the boundary itself isn't practicable
• the type of fencing work
• the estimated cost of the work
• the share you propose, if it isn't half each

Legal Aid NSW publishes fencing notice templates and a fencing agreement template. Get the fence quoted before you serve the notice, so the estimate is real. Don't start the work yet: a neighbour isn't liable for work done before the notice, or after it but before you agree or a court or NCAT decides (s 11(5)).

If your neighbour doesn't agree

If you haven't agreed within 1 month of the notice being served, either owner can apply to the Local Court or the NSW Civil and Administrative Tribunal for an order on the fencing work (s 12(2)). NCAT says you must serve the fencing notice at least 1 month before applying, and attach it; it can decide what the fence is made of, how high it is, where and when it's built, and how the cost is divided.

The Act also names Community Justice Centres for mediation, but the Department of Communities and Justice says that from 1 July 2025 CJC mediation "is no longer available for disputes other than those referred by NSW Courts or involving incorporated associations". A private mediator, or a written agreement using Legal Aid's template, are the other routes before a tribunal.

Urgent repairs, storm damage and damage by a neighbour

If a dividing fence is damaged or destroyed and needs urgent work, and serving a notice first isn't practicable, either owner can have the urgent work done and recover half the cost from the other (s 9). The other owner can ask the Local Court or NCAT to review that within 1 month of the work being finished.

If one owner, or someone on their land with their consent, damaged the fence by a negligent or deliberate act, that owner can be liable for up to the whole cost of restoring it to a reasonable standard (s 8).

Where a neighbour's tree has damaged a dividing fence, or is likely to, and a tree dispute is already before the Land and Environment Court, that court can deal with the fence too (s 13A). A storm or flood with no one at fault is ordinary equal-share fencing work.

When the dividing fence is part of a pool fence

If a neighbour's pool uses the dividing fence as part of its barrier, the cost of the fencing work, to the extent it's done to meet the pool rules, falls on the pool owner, or is split between the owners if both have pools (Swimming Pools Act 1992 s 33). That rule overrides the Dividing Fences Act's equal sharing for that part of the cost.

Questions about dividing fences in NSW