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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

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/reachingagreement. 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   

Requirement for Building Permit
A building permit is required to build a front fence more than 1.5m high. A permit is also required if a fence is to be more than 1m high within 9m of a street intersection.

Height Limits
New front fences facing non-declared roads are to be no more than 1.5 metres in height, or, for declared roads, no more than 2 metres in height unless the report and consent of Council is obtained to the building permit application. Below is a list of declared roads in the municipality:  

  • 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) 
  • Maroonday 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) 

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