Fences and Retaining Walls

Retaining Walls

The altering of natural ground levels, whether this entails fill placed on top of natural ground level or an excavation below natural ground level, will often require the construction of retaining walls.

In most cases, excavation and filling of land and the associated retaining walls will need Council approval.

Further information is available to determine if you need Council approval to erect a retaining wall by clicking here.

Fences

Fences require development approval when they exceed the following criteria:

  • greater than 2.1 metres in height from the finished ground level;
  • greater than 1.0 metre in height within 6 metres of T Junction;
  • a masonry fence greater than 1.0 metre in height;
  • a swimming pool safety fence;
  • a brush fence within 3 metres of a Dwelling.

Fences should be regarded as a joint asset between neighbours. Even if your neighbour has not paid for the fence they are still a joint owner. This is because
a fence on the boundary is legally considered to be part of the land on each side.

If you intend to remove or alter an existing fence, you should have your neighbour's permission or 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. It is therefore sensible to talk to your neighbour first.

Also, your neighbour does not have to pay anything towards the fencing work unless:

  • They have agreed to, or
  • The proper procedure has been followed, or
  • A court orders them to.

Getting their consent is the quickest and easiest way.

For further information use the links below.