Dividing Fences
Dividing Fences
Reporting dangerous as well as overheight fences, fences causing an obstruction or encroaching into City land.
Last updated on: 15 May 2026
What is a dividing fence?
A dividing fence is usually a 'sufficient fence' that separates the land of different owners. It does not include a retaining wall.
Dividing Fences Act 1961
- The Dividing Fences Act 1961 (the Act) combines with local government by-laws to regulate the erection and maintenance of dividing fences in Western Australia.
- The Act provides a process for sharing costs between neighbours, the determination of boundaries and a mechanism for courts to deal with disputes over fences.
- It does not apply to retaining walls, fence height restrictions or encroachments.
- The Dividing Fences Act was developed by the Government of Western Australia, Department of Commerce, Building Commission.
What does the City do?
The City will respond to complaints about:
Dangerous dividing fences
Non-compliant dividing fences
Approval requirements
- Building approval is required when a brick or masonry fence exceeds 0.75m in height.
- Generally, the City does not require building approval to construct a dividing fence using materials such as cement-fibre sheets, colourbond or timber erected in accordance with manufacturers specifications.
- The minimum acceptable design and height for a sufficient residential dividing fence for suitably capped fibre cement sheets and colourbond is to a height of between 1.8m to 2.2m from the higher ground level to either side of the boundary.
- All gates in fences must open into the property and not out onto streets, footpaths and verges.
- Dividing fences, unless designed to do so, are not to be used as a retaining wall.
- Barbed wire, electrified and other dangerous fencing materials are not permitted in residential areas. Some exemptions may apply in rural, commercial or industrial zones
Building or repairing dividing fences
- When building a new, fence (or repairing dividing fences), the placement and cost of the dividing fence is a civil matter between adjoining land owners.
- Residents are advised to liaise with their neighbour in the first instance.
- The Building and Energy website contains a brochure 'Dividing Fences - A Guide' which provides information on entering into negotiations with your neighbour.
- In some cases, you may need to apply to your local government for planning and/or building approval to build or alter your dividing fence (refer Approval Requirements above).
Asbestos
- Fencing complaints can also relate to issues with fences made from asbestos.
- If you are reporting an issue with a fence and you are concerned about asbestos, please refer to Asbestos knowledge to ensure health risks are raised as a priority.
Dividing fence disputes
- Dividing fence disputes between adjoining neighbours that cannot be resolved should be referred to a solicitor for legal advice.
- Neighbour disputes can be referred to Citizens Advice Bureau, who may be able to provide advice and assistance.
Who pays for dividing fences?
- Generally neighbours are liable to evenly share the costs of installing a dividing fence.
- Government bodies (including local government) are exempt under the Act from contributing to the installation, maintenance and all associated costs pertaining to dividing fences.
- Residents whose properties adjoin State Land are solely responsible for their boundary fence installation and maintenance.
Retaining walls
A person seeking to alter the ground level at or near the boundary of their lot, by either filling above or cutting below the natural ground level, is responsible for providing a suitable retaining wall.
Issues with neighbours
- People are sometimes unaware that their activities are causing a problem.
- The City encourages all residents and business operators to talk to their neighbours about problems before making a complaint.
Anonymous requests
- This type of request cannot be anonymous.
- Contact details are required when lodging this type of issue to ensure a proper investigation can be completed. It also provides the City with the ability to clarify information to ensure officers have a safe working environment.
- Personal information is not disclosed to any person without consent.
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