Fencing 

Regulations cover the building of fences and the obligations of property owners where fences are shared by adjoining neighbours.


Fencing can take many forms and serve several purposes:
  • Concealing.
  • Dividing.
  • Preserving privacy.
  • Obscuring views.
  • Preventing access into property.
Before building a fence, it's best to check if you need a building permit.
In some circumstances, a planning permit may also be required. Click the fencing regulations link for more details on building a fence.

Property fencing is covered by the Fences Act 1968 (Vic).


Why we do this

Rights, responsibilities and procedures are contained in the Fences Act 1968. 
 
Please note that we do not administer the Fences Act, nor do we provide fencing notices.


What you can expect

Fences need maintenance and repair with adjoining owners forming different opinions about the need or urgency and how much should be spent.

When fencing is required or needs to be replaced, we can provide the contact details of the adjoining property owners so that a Notice to Fence can be served.

We will ensure that the privacy of property owners is protected so that information is given out for fencing purposes only.


Common questions

Question
Building Permits - do I need one?
Before undertaking almost any building or demolition work, a Building Permit is required.

Some minor works are exempted though. To determine whether or not you need a Building Permit, refer to the table When a Building Permit is Required.

Question
Council Consents - what other areas fall under these?
There are a number of siting and non-siting matters that require Council Consent and Report.

Siting Matters
  • Maximum Setback from a street boundary (Reg. 408)
  • Minimum Setback from a street boundary  (Reg. 409)                              
  • Building height (Reg. 410)
  • Site coverage   (Reg. 411)
  • Impermeable surfaces covering more than 80% of an allotment area  (Reg. 412)
  • Car parking spaces (Reg. 413)
  • Side or rear boundary setbacks - height and length (Reg. 414)
  • Walls or carports on the side / rear boundary         (Reg. 415)
  • Building setbacks - daylight to existing habitable room window       (Reg. 416)
  • Building setbacks - solar access to existing north-facing windows    (Reg. 417)
  • Building design - overshadowing of recreational private open space  (Reg. 418)
  • Window or raised open space - overlooking               (Reg. 419)
  • Building design - daylight to habitable room window  (Reg. 420)
  • Private open space (Reg. 421)
  • Appurtenant Class 10 buildings incl garages/sheds on vacant lots  (Reg. 422)
  • Front fence height  (Reg. 424)
  • Fence setback from side or rear boundary          (Reg. 425)
  • Length or height of side or rear boundary fence  (Reg. 426)
  • A fence within 9m of an intersection                 (Reg. 427)
  • Fence setback - daylight to existing habitable room window            (Reg. 428)
  • Fence setback - solar access to existing north-facing windows         (Reg. 429)
  • Fence design - overshadowing of recreational private open space     (Reg. 430)
  • Mast, pole, aerial, antenna, chimney flue pipe or other service pipe  (Reg. 431)
Non-siting Matters
  • Building over a drainage easement    (Reg. 310)
  • Projections beyond street alignment  (Reg. 513)
    • Architectural features 
    • Service pipes and rainwater heads 
    • Signs  
    • Sunblinds and awnings 
    • Verandahs
    • Windows and balconies 
    • Window shutters 
  • Buildings above or below a street, railway, bus terminal or similar public facility  (Reg. 515)
  • Precautions over a street to protect the safety of the public  (Reg. 604)
  • Installation or alteration of a septic tank system, or construction of a building over an existing septic tank system  (Reg. 801)
  • Construction of buildings on land liable to flooding                (Reg. 802)
  • Building on designated land - Uncontrolled overland drainage  (Reg. 806)

Question
Fencing - what are the height regulations?

There are different regulations depending on the location and type of fence.

Fences on street/property boundary

  • Building Permit required for masonry fence over 1.2 metres, other fences over 1.5 metres
  • Barbed wire must be at least 150mm back from street alignment (boundary)
  • Corner fences - maximum height of 1 metre (within 9 metres of point of intersection of street alignments)
  • A Street Occupation Permit is required where works are undertaken beyond the property boundary (eg from footpath or nature strip)
  • Council Consent & Report is required for barriers beyond the street alignment for protection of the public during construction
  • Front fences (within 3 metres of street boundary) maximum height 1.5 metres generally, or 2 metres if facing a "Declared Road" (Declared Road - freeway or arterial road under the Road Management Act 2004)

Side/Rear Street boundaries

  • maximum height 2 metres
  • higher fences must comply with height/length/setback limitations

Swimming Pool & Spa Fences

  • Building Permit always required
  • Minimum height of 1.2 metres
  • Specific construction requirements - refer Building Code of Australia Volume 2, Australian Standard 1926.1-1993
  • Cannot include property boundary fence
  • Brochure available from Customer Service Centres

Boundary fences

  • Controlled by Fences Act 1968 (We do not administer this Act)
  • Construction by agreement between property owners or Court Order from Magistrates Court
  • Generally maximum height 2 metres
  • Building Permit required for masonry fence/wall
  • Building Permit required for higher fences, which must comply with height/length/setback limitations

Other Notes

  • Gates, screens, roller doors are included in these fence provisions
  • Excavations must be fenced or guarded during construction
  • Some Statutory Planning controls apply

Question
Pool fencing - what are the requirements?
All pools and spas, regardless of when installed or constructed, require safety barriers. Portable or inflatable pools/spas are not exempted from these requirements. A handout is available for details of pool barriers from any of our Customer Service Centres or our Building Department.

A building permit is required to construct or alter any pool safety barrier.


Documentation

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