Residents commonly have questions regarding the installation, replacement or repair of boundary fences. While it is important to follow the correct legal procedure, it is equally important to maintain good neighbourly relations. Council encourages you to talk to your neighbour in the first instance, as whatever you do about a fence will affect them also. A friendly approach may help you to reach an agreement quickly and easily and avoid any unnecessary conflict.

Do I Need Council's Permission?

Fencing does not require Council approval provided that fences are :

• less than 2.1 metres high if not masonry;
• less than 1 metre high if masonry;
• less than 1 metre high if within 6 metres of a road intersection.

Do I Need my Neighbour's Permission?

Legally, a fence between two properties is considered a joint asset between neighbours, regardless of who may have paid for the fence. If you intend to remove or alter an existing fence, you will need either your neighbour’s permission or a court order. In the interests of maintaining good neighbourly relations, it is sensible and polite to talk to your neighbour in the first instance. If you cannot reach an agreement with your neighbour, you may want to seek mediation before considering a court order. If you want to put up a fence where there has not been one before, your neighbour has a right to object, even if you intend to pay the total cost.

Should the Cost of Fencing be Shared With My Neighbour?

Usually, the cost of fencing is shared half each between neighbours, however this is not always the case. The cost of a fence between neighbours is only shared if you have both agreed on this, or followed the proper procedure. You and your neighbour may mutually agree on some other arrangement depending on the benefit that each owner will obtain from the fence. If you have gone ahead without your neighbours consent or agreeance, you will pay the entire cost.

Further Information

For further information and answers to commonly asked questions, please read the Fences and the Law(612 kb) information guide published by the Legal Services Commission of South Australia, or call one of our friendly customer service staff on 8366 9222.