The Queensland government has passed new laws regarding dividing fences. The Neighbourhood Disputes Resolution Act started on 1 November 2011 and provides ways for neighbours to resolve disputes about dividing fences.
The Act includes a wider definition of the term ‘fence’ and clearer definition of the term ‘sufficient dividing fence’. Other general changes include:
- a single notice for contribution to fencing work form
- clarification that the ownership of a dividing fence on a common boundary is shared equally
- distinction between a retaining wall and a fence
- clearer rules for pastoral and agricultural fences.
- Under the new Act, the Queensland Civil and Administrative Tribunal is named as the body that deals with these matters.
Visit the Department of Justice and Attorney General’s website for information relating to dispute processes, forms to use, FAQs or to view a copy of the Act.
Approval to build a fence
If you are planning to build a fence over two metres high you must obtain a building development approval from a private building certifier, in addition to meeting the requirements under the Neighbourhood Disputes Resolution Act.
The private certifier will refer the application to council for assessment against the Queensland Development Code.