Whitehorse City Council

Fence Requirements

Fences Between Properties

The cost of constructing a dividing fence is usually shared by the property owners. In some cases, difficulties may arise. For example, one neighbour may not be able to afford to pay; a property owner can't be located; or one may want the cheapest, functional fence whereas while the other wants a more expensive, higher quality fence.

Before you and your neighbour enter into an agreement to build, repair or replace a fence, it is recommended that you communicate and negotiate about the type of fence you want and how much money each will contribute to its construction. This can avoid increased costs, delays and possible legal action. For free and practical advice on fencing issues, please visit www.justice.vic.gov.au/disputes or www.everyday-law.org.au/fence-laws

However, if you find that you and your neighbour can't agree, or you are unsure about the best way to approach your neighbour, visit the Department of Justice website www.disputes.vic.gov.au. This user-friendly website has been designed to assist neighbours involved in common neighbourhood fence and tree disputes. The contents of this site is video based, with all videos available in eight languages, plus AUSLAN and captions.

If you're still unable to find a solution, contact the Dispute Settlement Centre of Victoria on 1800 658 528. The centre can arrange free mediation; provide information about fencing notices; and – as a last resort – provide information about obtaining a court order to force your neighbour to contribute to the payment of the fence.

Remember, the issue of fencing between neighbours is a civil matter, and needs to be addressed by you and your neighbour. Except in the most unusual circumstances, it would not involve Council or the police.

Front Fences

There are different front fence height requirements within the municipality depending on where you live.

As there are different height requirements, it is recommended that you make contact with Council’s Building Unit on telephone 9262 6333, fax 9262 6490 or by emailing building.enquiry@whitehorse.vic.gov.au to discuss requirement and maximum permissible heights allowed for your property. Please note that a specific address will be required to accurately respond to your enquiry.

Please be aware that should it be proposed to exceed the maximum permissible height; consent from Council’s Building Unit must first be obtained, along with a Building Permit, before any works are undertaken associated with your new fence construction.

Declared roads in the municipality (otherwise known as Road Zone Category 1 – RDZ1 roads):

  • Belmore Road
  • Blackburn Main Road (Blackburn Road, Railway Road, Chapel Street, Surrey Road)
  • Boronia Road
  • Canterbury Road
  • Doncaster-Mordialloc Road (Middleborough Road)
  • Elgar Road
  • Highbury Road (Warrigal Road to Springvale Road – joint Monash)
  • Maroondah Highway
  • Mitcham Road
  • Riversdale Road
  • Springvale Road
  • Station Street
  • Warrigal Highway (Highbury Road to Burwood Highway – joint Boroondara)
  • Warrigal Road (Burwood Highway to Canterbury Road – joint Boroondara)