Building a fence

The Fences Act 1968  and its 2014 amendment regulate common boundary fences - when you and your neighbour share a fence. It regulates items such as contributions to the cost of fences and the serving of a Notice to Fence if an agreement between parties cannot be reached.

Who pays?

Regulations concerning who pays for a common boundary fence are subject to many conditions, but a general rule of thumb is that a private owner of land adjoining yours is obliged to contribute to the cost of the fence dividing your properties. 

Generally, your neighbour would be expected to share the cost equally with you. However, the Fences Act provides for different parties to contribute in different proportions in different circumstances.

Getting neighbour’s agreement

See the Dispute Settlement Centre of Victoria website for information on what notices to send to neighbours and how to resolve disputes.

Council does not administer the Fences Act. If you have a dispute with your neighbour over the construction of a new fence or the maintenance of an existing fence we suggest that you contact a community legal centre or a solicitor.

Not sure who owns the neighbouring property?

Council can tell you the owner’s name and mailing address. You can apply for the owner's details online or in writing.

Apply for adjoining property owner details 

Note:

• Council does not have ownership details for common properties. Please contact the property's owners corporation (body corporate) directly for this. Their contact details are usually found on the joint letterboxes.
• The information provided is confidential and is intended for the use of the named applicant only. It is specifically for the purpose of obtaining your neighbour's agreement, who should be contacted by mail only .

Your neighbour’s privacy

Building permit applications for the construction of a new house or alterations/additions to a house, including the construction of a deck, require consideration regarding overlooking of neighbours' windows and secluded, private open space.

There are concessions for the construction and/or alteration of a boundary fence if it is altered as a result of Building Regulation 84. Please consult your neighbour if you intend to modify the boundary fence.

Council will contribute to resident’s fences up to $55 per metre for timber fencing or $65 per metre for colorbond, or half the cost of building or renewing fencing that abuts Maroondah City Council property (whichever is less). However, fencing that abuts roads, rights of way or private property will remain at full cost to the property owner. 

Read more on the Justice Victoria website.

What Council will pay for

Council will only agree to share the cost of a standard fence (up to 2 meters in height).  

If you wish to construct a fence higher than the standard height or of different material, you will be responsible to cover the price difference.

Please note:

• Fences constructed without prior consent may not be eligible for contribution.
• Retaining walls are not eligible for council contribution and must be constructed within the property boundary. Not on council property.  

• Council will not reimbue for existing constructed fences.  

Apply for a new fence

Online 

Apply for renewal or erection of fencing that abuts Council land.

Apply online

By email, in person or by mail

If you are unable to complete the online form, you can submit a brief to Council.

Please detail the proposed work and include a minimum of one quote from an established fencing / building contractor for the cost of a standard paling fence that is to be constructed and shared by Council-owned property, including a copy of the fencers Public Liability Insurance.

• by email: maroondah@maroondah.vic.gov.au
• by mail:
  Maroondah City Council
  PO Box 156
  Ringwood 3134
• in person (during business hours) at a Council service centre 

Do you need a Planning Permit?

If your property is in one of the below zones or overlays a planning permit may be required to build a fence anywhere on your property:

• Urban Floodway Zone
• Neighbourhood Character Overlay
• Design Development Overlay
• Heritage Overlay
• Special Building Overlay

Check the VicPlan website and find your Planning Scheme Zones and Overlays.

If you are applying for a Planning Permit under the Neighbourhood Character Overlay, you will not need to apply for a Building Dispensation.

Additionally, please see Front Fences and Side and rear fences for details on fences in these locations.

Do you need a Dispensation?

Please see Front Fences and Side and rear fences for details on dispensation requirements.

Do you need a Building Permit?

Please see Front Fences and Side and rear fences for details on Building Permit requirements.

A front fence is defined as any fence at the front of your property that is within 3 meters of the title boundary.

Do you need a planning permit?

If your residential site has ever had a previous planning permit (including unit development sites) then it’s likely you will need to amend your original planning permit if you are building or changing a fence.

If you are replacing with exactly the same fence then no amendment is needed.

You can apply online to amend a Planning Permit. You will need to tell us the location and design of the fence. If you are amending an existing Planning Permit, you will not need to apply for a Building Dispensation.

Do you need a dispensation?

Building regulations allow for some flexibility when your proposed fence does not comply with building regulations. Areas that are considered when looking at a dispensation on a proposed fence include:

• If it is in keeping with fences in the immediate area
• How close its height is to the building regulations.

You will need to apply for a dispensation if you want to build or replace a fence higher than the following regulations.

Please note:

• If you are replacing a front fence that is already higher than the regulations, you are still required to make a dispensation application to build a new front fence of the original height.

Additionally, if the fence you are building is on a street corner, see Fences on corner sites

Neighbourhood and General Residential Zones

If your property is in one of these zones then you can build or replace a front fence up to 0.9 meters in height (or up to 1.2 meters high on a Declared roads) without the need for a Dispensation or Building Permit.

Check VicPlan and find your Planning Scheme Zone

If you want to build or replace a higher fence, you need to:

1. Apply for a Dispensation (add link to application page)
2. Apply for a Building Permit if the dispensation is granted.

All Other Zones

For all other Zones you can build or replace a front fence up to 1.5 meters in height (or up to 2m high on a Declared roads) without the need for a Dispensation or Building Permit.

If you want to build or replace a higher fence, you need to:

1. Apply for a Dispensation
2. Apply for a Building Permit if the dispensation is granted.

Do you need a Building Permit?

You must apply for a Building Permit if:

• You have been granted a Dispensation as above
• The fence will be brick, and higher than 1.2m.

Building permit application form

Do you need a Planning Permit?

If your site has ever had a previous planning permit (including unit development sites), then it’s likely you will need to amend your original planning permit if you are building a new fence.

If you are replacing a fence with the same type and height, then you do not need to apply for a Planning Permit.

You can apply online to amend a planning permit. You will need to tell us the location and design of the fence. If you are amending an existing Planning Permit, you will not need to apply for a Building Dispensation.

Do you need a Dispensation?

Building regulations do allow for some flexibility when your proposed fence does not comply with building regulations. Areas that are considered when looking at a dispensation on a proposed fence include:

• If it is in keeping with fences in the immediate area
• How close its height is to the building regulations.

Additionally, if the fence you are building is on a street corner, see Fences on corner sites

If you want to build a side or rear fence that is higher than 2 meters, you need to:

1. Apply for a Dispensation
2. Apply for a Building Permit if the dispensation is granted.

Do you need a Building Permit?

If you wish to build a fence on the side or rear of your property boundary that is higher than 2m you will need to:

1. Apply for a Dispensation.
2. Check specific building regulation requirements, such as:
   • The setback from the boundaries (Section 90)
   • The maximum height of the fence (Section 91)
   • The proximity of your windows and those of your neighbours that face the fence (Section 94)
   • The proximity of any north-facing windows in your neighbours' house (Section 95)
   • Overshadowing of your neighbour’s recreational private open space (Section 96)
3. Apply for a Building Permit

When applying for a building permit, your construction plans for the fence must also show that you are complying with the above items.

Apply for a Building Permit

To ensure safety, traffic sight distances need to be maintained at road corners and intersections.

In addition to the above front and side fencing requirements, there are additional restrictions for the frontage that is within 9 meters of the street corner. In this area, fencing is further limited in height.

Do you need a Planning Permit?

If your site has ever had a previous planning permit (including unit development sites), then it’s likely you will need to amend your original planning permit if you are building or replacing a fence.

If you are replacing a fence with the same type and height, then you do not need to apply for a Planning Permit. You can apply online to Amend a planning permit. You will need to tell us the location and design of the fence. If you are amending an existing Planning Permit for a corner fence, you will need to:

1. Apply for a Planning Permit Amendment
2. Apply for a Dispensation
3. Apply for a Building Permit if the dispensation is granted.

Do you need a Dispensation?

Building regulations do allow for some flexibility where a fence design does not comply with specific building regulation requirements.

In addition to the above front and side fencing requirements, there are additional restrictions for the frontage that is within 9 meters of the street corner.

Street Corner and Traffic Sight Triangle

The Traffic Sight Triangle is the triangle formed 9 meters along each boundary from the corner of your property.

You can build a fence within the Traffic Sight Triangle (9 meters of the street corner) up to 1 meter in height without the need for Dispensation or Building Permit:

If you want to build a higher fence, you need to:

1. Apply for a Dispensation
2. Apply for a Building Permit if the dispensation is granted

Do you need a Building Permit?

You will need to apply for a Building Permit if you:

• Have been granted a Dispensation for a higher fence
• Are building a brick fence above regulated height (See Brick fences)

Apply for a Building Permit

Do you need a Planning Permit?

See Front Fences and Side and rear fences for details on planning permit requirements.

Do you need a Dispensation?

See Front Fences and Side and rear fences for details on dispensation requirements.

Do you need a Building Permit?

You will need a Building Permit if you wish to build a brick fence higher than regulation. This regulation depends on your Planning Zone.

Neighbourhood and General Residential Zones

If your property is in one of these zones then a Building Permit is always required if a brick fence is higher than 0.9 meters.

Check VicPlan website and find your Planning Scheme Zone.

All Other Zones

For all other planning zones a Building Permit is required if a brick fence is higher than 1.2 meters.

Declared Roads

A Building Permit is required if your brick fence is on a Declared Road.

Apply for a Building Permit

 Fences containing barbed wire or sharp protrusions must be built at least 1.5 meters from the street alignment (title boundary) or public open spaces (such as a park).

The barbed wire or sharp protrusions must be at least 2 meters above the adjacent ground level. See Building Regulation 93.

Do you need a Planning Permit?

• If the pool or spa fence is also a front fence please see Front fences.
• If the pool or spa fence is also a side or rear fence, please see Side and rear fences.
• Otherwise, if your site has ever had a previous Planning Permit (including Unit Development sites), even if a long time ago, then it’s likely you will need to amend your original planning permit if you are building a new fence. If you are amending an existing Planning Permit, you will not need to apply for a Building Dispensation.

Do you need a Dispensation?

A Dispensation is needed if the fence is in the front of the property.

Apply for a Dispensation

Do you need a Building Permit?

A Building Permit is always required for the construction of, or alterations to:

• all swimming pools - in ground and above ground capable of holding water greater than 300mm deep
• spas
• associated safety barriers.

See further details on the specific requirements of pool fencing