Which law covers dividing fences in my state?
The short answer
Every state and territory has its own fencing statute with its own name, notice procedure and definition of a sufficient fence. There is no national fencing law and the differences are procedural, not cosmetic.
TradieAnswers editorial · written in-house and sourced to the authorities listed below
Checked against 7 published sources, listed in full at the end of this page. How we source this
The shared principle across Australia is that adjoining owners contribute equally to a fence adequate for the properties. Almost everything else, the notice you must give, what happens if the neighbour ignores it, who decides what is adequate, and where you go when it fails, is set by your own state.
| Where | The Act | Where a dispute goes |
|---|---|---|
| New South Wales | Dividing Fences Act 1991 | Local Court or NCAT |
| Victoria | Fences Act 1968 | Magistrates' Court |
| Queensland | Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 | QCAT |
| Western Australia | Dividing Fences Act 1961 | Magistrates Court |
| South Australia | Fences Act 1975 | Magistrates Court |
| Tasmania | Boundary Fences Act 1908 | Magistrates Court |
| Australian Capital Territory | Common Boundaries Act 1981 | ACAT |
| Northern Territory | General law, with no dedicated fencing Act | Local Court |
What is consistent
- Written notice before work starts is the mechanism that protects you. Building first and invoicing afterwards is how people lose these cases.
- The obligation is to contribute to a sufficient fence, not to whatever fence you would prefer. If you want better, you generally pay the difference.
- A fence built entirely on your own land, rather than on the boundary, is your fence and your cost.
- Damage caused by one owner, or by their tree or their animal, changes the cost split.
Sources
Every source below was fetched and its response recorded on the date shown. Where a government site blocks automated clients, that is noted rather than reported as a successful check.
- Dividing Fences Act 1991 (NSW) · NSW LegislationChecked 2026-08-10 · live, but blocks automated clients so the specific page could not be confirmed
- Dividing Fences Act 1961 (WA) · Western Australian LegislationChecked 2026-08-10 · responded 200 OK
- Fences Act 1975 (SA) · South Australian LegislationChecked 2026-08-10 · live, but blocks automated clients so the specific page could not be confirmed
- Tasmanian Acts in force · Tasmanian LegislationChecked 2026-08-10 · responded 200 OK
- Common Boundaries Act 1981 (ACT) · ACT Legislation RegisterChecked 2026-08-10 · responded 200 OK
- Disputes about fences, trees and buildings · Queensland GovernmentChecked 2026-08-10 · responded 200 OK
- NT Consumer Affairs · Northern Territory GovernmentChecked 2026-08-10 · live, but blocks automated clients so the specific page could not be confirmed
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