Boundary Walls and Fences

1. Overview

If erecting a boundary wall or fence between properties, please be aware of the Boundary Fences Act 1908

The Act defines the construction and repair of fences, as well as the obligations of landowners. The Act is supported by the Boundary Fences Regulations 1998. Council will contribute to the replacement and/or repair of boundary fences adjoining Council property. 

Apply online for fences adjoining Council property reimbursement

Resources

2. Giving notice to build or repair a fence

If you want your neighbour to contribute to the cost of constructing or repairing a fence, we suggest talking to them first to try and reach an agreement.

If an agreement can't be reached, the last resort is to serve them a notice. The forms needed to serve a notice are in Schedule 1 of the Boundary Fences Regulations.

You can give your neighbour a notice in person or email. Unless a verbal or written agreement is reached with your neighbour, they cannot be expected to contribute to the costs of the fence.

For more information see Boundary Fences Regulations 1998 or call the Law Society on 1300 366 611. Please be aware the City of Launceston does not intervene in neighbour disputes over boundary fences.

 

Disclaimer: the above information is intended to help persons gain an understanding of boundary fencing issues and is a guide only and should not to be taken as legal advice.

3. 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. You should also check whether a planning permit is required.