Dividing fences act nsw pdf 2026

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  1. Click ‘Get Form’ to open the Dividing Fences Application in the editor.
  2. Begin by answering whether a Fencing Notice has been served. If yes, attach a copy; if no, provide an explanation.
  3. Enter the date the Fencing Notice was served, ensuring it is more than one month prior to your application.
  4. Fill in the property address where the fencing work will occur, including all relevant details like street address and lot number.
  5. Provide your full name and contact details in the Applicant section. Ensure accuracy for future correspondence.
  6. In the Respondent section, include details of the adjoining owner. If they are unlocatable, explain your attempts on a separate sheet.
  7. Specify any unavailable dates for hearings and any special needs you may have during proceedings.
  8. Select the orders you wish to request from NCAT regarding fencing work and describe these works in detail.
  9. Complete the application checklist to ensure all necessary documents are attached before submission.

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side and rear boundary fences must not be higher than 1.8 metres, or 1.2 metres if the fence is built from masonry. fences along a boundary of, or in the setback area of, a primary or secondary road must not be taller than 1.2 metres (this includes the front of the site and any side boundary on corner sites).
Normally adjoining property owners are expected to equally contribute to and maintain a dividing fence, and must not attach anything to or modify the fence in a way that results in damage to the fence.
The question is asked all the time. There is no legal requirement to give the good side to your neighbour. We paid for our fence so the good side is to us. As Bradden says, it can help security if you border open ground or a footpath.
The general principle in the Act for liability for costs is that adjoining owners are to contribute equally to the fencing work for a dividing fence of a sufficient standard. If an owner wishes to have a fence of a higher standard, that owner is liable for the extra cost above the sufficient standard.
Your neighbor cant tear down a shared fence without your consent because its legally co-owned by both of you. In California for example, the fence laws state that if you and your neighbor share a fence, you both are considered to benefit equally from it, thus responsible for keeping it in good condition.
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Normally, the law says that you and your neighbour must equally share the cost of: building a dividing fence, where there is not one, or. repairing or replacing a dividing fence which has been damaged, destroyed or has deteriorated.
The general rule is that any repairs to a fence should be split 50/50. However, where the fence has been damaged because one of you was careless or reckless, then the person responsible for the damage usually incurs the cost of repairing it.

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