The Fences Act refers to what's known as a 'sufficient dividing fence'. Fence heights on corner allotments For all corner allotments bounded by two roadside boundaries except those in commercial zones, visibility is required across the street corner. If things don't go well immediately, don't panic! A number of factors are taken into account when determining what a sufficient dividing fence is for your properties for example, the existing dividing fence (if any), the purposes for which you and your neighbour use or intend to use the land, reasonable privacy concerns and the types of fences used in your local area. If the dividing fence is between residential or commercialland, and land over which the public has a right of access, then the rails and framing should face into the residential or commercial land. Generally, in most states, front fences can be built up to 3 (0.9m) high. Melton City Council. If you are able to come to an agreement like this with your neighbour, then the fencing works can go ahead as agreed. Because the Magistrate may not address everything thats important to you, you might not end up with the outcome that you want. However, a long-term tenant is only liable to pay if you give them particular notices that are required under the Fences Act. No person shall construct on repair a fence if that fence is to be constructed or repaired with other than new materials, except where the written approval of the Council has first been obtained. Powered by Yarra IT Service, Autumn Landscaping Tips: What to Plant and Prune, Exceeds 1.5 metres in height and is within 3 metres of a street alignment, Exceeds 1.2 metres in height, is within 3 metres of a street alignment, and is constructed of masonry, concrete or similar, Is over 1 metre in height and is within 9 metres of an intersection, Is constructed of barbed wire or similar material and is adjacent to a street alignment, Forms part of a safety barrier for a swimming pool or a childrens service outdoor play area, If when and how neighbours should be notified, How disputes that may arise should be solved, One party was responsible for the damage that needs repair. For more information about the court process for fencing disputes visit the Magistrates Court website (External link). Owners corporations are also deemed to be owners in respect of dividing fences between common property in an owners corporation subdivision and external land. If you are both in agreement you can provide aprivacy screento the top of the fence, or even increase the fence height. It is very likely that you will need to obtain a permit if your fence meets the following criteria: The fence will be a pool safety barrier. If a tenant intends to have a higher fence than the suggested guideline, they will need to seek approval from Planning Permission. If there is no existing dividing fence, the rails and framing should go on the side least subject to weathering, which will depend on the circumstances. 35 Posts. Lists of qualified landscape designers are available from: The Australian Institute of Landscape Architects Level 1, 41 Exhibition St Melbourne VIC 3000 Ph (03) 9016 0111 The Landscape Industries Association Victoria Suite 2 / 497 Burke Road Hawthorn East VIC 3123 Ph 1300 365 428 http://www.liav.com.au This measurement is taken from the ground level on the higher side of the fence and therefore, does not includeretaining walls. If it is a masonry fence, the height limit (before permit) is generally 1m. Can I build my boundary fence higher then 6 (1.8m)? stream Further examples of development work include: [Specify proposed height(s) of new/replacement dividing fence e.g. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 18 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R 35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 46 0 R 47 0 R 48 0 R 49 0 R] /MediaBox[ 0 0 595.2 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The Victorian Building Authority has more information about building permits. Whether its to replace the old or to add a new finishing touch to your property. You can hand the fencing notice to your neighbour personally or send it by post. This will help them understand your point of view. General information on resolving neighbourhood disputes is available on this website. one neighbour has deliberately or negligently damaged the fence they must pay for repairs. Have I been clear about whats important to me? Whether or not fencing works need to be carried out urgently will depend on the circumstances for example, the damage might be caused by fire or flood and animals might be escaping or a pool might not be fenced. If an owner gives a fencing notice but after 30 days the adjoining owner has not responded, the owner wishing to undertake the works may do so. You should at least talk to them about what youre going to do. Victoria - VIC In most situations, if the height of the fencing is above 2m, you would require a permit. the fence is over 2 metres in height where the fence is attached to, or located adjacent to a retaining wall requiring approval. BOOK A VIEWING . The Dispute Settlement Centre of Victoria has temporarily closed its general service to focus on assisting renters and rental providers to resolve disputes listed for consideration by VCAT. You might agree about the works by signing a quote provided by a fencing contractor, for example. The amendments to the Fences Acthave not changed the position that particular types of Crown land are exempted from contributions under the Fences Act. Is there a different way to resolve this? Its a good idea to send it to them by registered post (External link) so there is proof that they have received it. If you have any questions, please contact our Road Asset Technical Officer on 9747 7200. There are a number of factors that can result in a need for a planning permit in NSW. =!fdkk|1 IIR/73H$FwYygVVny9zz?^?-^4Zzofo? Think about the potential damage that going to court could do to your relationship with your neighbour. You would need to get planning permission for putting a trellis on a fence of . Sign up to receive the latest news and updates from Melton Borough Council by email. Any fence under 2m does not need planning permission . You need to have your neighbours consent or to have followed the right legal process before any work starts. Building permit required. They should also be self-closing, so the gate closes and latches after being opened. A front fence (including a corner site) is considered exempt development if it complies with the standard controls below and: If of a masonry construction, it does not exceed a height of 1.2m above ground level (existing); The fence is open for at least 20% of the area of the fence that is more than 400mm above Email: csu@melton.vic.gov.au, Address: 232 High Street, Melton, VIC 3337 Postal Address: City of Melton, PO Box 21, Melton, VIC 3337, Acknowledgement of Traditional Custodians, City of Melton, PO Box 21, Melton, VIC 3337, Register your temporary or mobile food premises, Fencing information for registered owners, Street stalls, advertising and fundraising, Victorian Local Government Women's Charter, Western Victoria Transmission Network Project, Seniors, people with a disability and carers, Melton: A Strategy for All Abilities and All Ages, Waste service bin options and entitlements, Melton Transport Community Reference Group, The Local Economy and Business Investment, Sign up for our Community Involvement newsletter, Health and wellbeing programs and services, Coronavirus (COVID-19) information and resources, City of Melton Lifelong Learning Festival, Civic Centre / Library - Caroline Springs. In most cases, you will need a permit to build a fence that exceeds 1m in height. The Fences Amendment Act shifts this liability to owners of land in most instances, in recognition that a dividing fence is an improvement to the land that most often benefits the owner. If you are sharing the fence with a neighbour, make sure you work together to make a decision that works for both parties. If you are having difficulties or disputes with your boundary fencing between neighbours, contact the Disputes Settlement Centre of Victoria on 1300 372 888 or visitDispute Settlement Centre of Victoria. It sets out your intention to have the common boundary defined by a licensed surveyor unless its location can be agreed. The short answer is that most fences require a permit. The information contained in this section is in the nature of general information and guidance only. business.gov.au Building Permit - Melton City Council - Victoria Description You will require this permit if you intend to undertake building or development work. 4.25m (14 ft) with two roller shutter doors New effective full repairing and insuring lease available for a minimum term of 3 years DETACHED INDUSTRIAL UNIT WITH OFFICES Unit 4b Sewstern Industrial Estate, Gunby Road, Sewstern, Grantham, NG33 5RD RENT: 21,750 P.A.X. 7. If you dont know who owns the neighbouring property: if its a rental property, ask the current tenant for the property managers or owners details, call your local council (External link) and say you want to send the owner next door a Fencing Notice but dont have their contact details. Costs of the survey are generally to be paid equally by the owners, but there is an exception to this. The regulations under the Fences Act include a pro forma notice which you can use which will cover all the necessary details for your neighbour. Boundary fence must be 1.8m high, measured from inside the swimming pool enclosure. A half tiled three piece suite comprising a low level W/C, a pedestal wash hand basin, an enclosed bath with shower over, one radiator and an obscured double glazed window to the rear. This is why youre much better off negotiating a solution with your neighbour. C r^M]0v There are some exclusions from the definition of owner and, therefore, from fencing responsibilities. Do I have a good understanding of whats important to them? This can include things like: clearing the land so a fence can be built or repaired, having the land surveyed to find the common boundary. If you or your neighbour want something different like a higher fence or one made of more expensive materials, the person who wants this pays the difference in cost between a sufficient dividing fence and the higher standard. The Fences Amendment Act retains provisions that make long-term tenants of land liable to contribute to fencing works but with some changes (see Part 4 below). @b$X"X=).`TtU!p:oW#T|cg*j!2l2EWeg)[=qIv5T (d5Z2#F 7R & Wde5y2^9, xU6ZoO 8eab5+Z_0x&;}RYEa%!>M)6>kl'D'\tDd2d;|d Also, contributions cover more than just building or repairing the dividing fence. us"l0CqU:U]kAQx$Z`*ED+{CSLde_atvP`?3t/THAwCpkr%PBI(Y%|\T.\u}7^27Do\ The service is free, informal and confidential. Most agreements you make will not require a formal acknowledgement. However, where the ground levels on either side of the fence are significantly different, the height should be measured from the lower ground level . Email: csu@melton.vic.gov.au, Address: 232 High Street, Melton, VIC 3337 Postal Address: City of Melton, PO Box 21, Melton, VIC 3337, Acknowledgement of Traditional Custodians, Fencing information for registered owners, City of Melton, PO Box 21, Melton, VIC 3337, Register your temporary or mobile food premises, Street stalls, advertising and fundraising, Victorian Local Government Women's Charter, Western Victoria Transmission Network Project, Seniors, people with a disability and carers, Melton: A Strategy for All Abilities and All Ages, Waste service bin options and entitlements, Melton Transport Community Reference Group, The Local Economy and Business Investment, Sign up for our Community Involvement newsletter, Health and wellbeing programs and services, Coronavirus (COVID-19) information and resources, City of Melton Lifelong Learning Festival, Civic Centre / Library - Caroline Springs, Wooden Fence must not exceed 64 (any extra height will be at the owners costs and may require a building permit), Alternative materials such as colour bond will be at the owner's expense (Council will only pay the equivalent to a wooden fence, Exposed Posts and Capping will be at the owners expense, Painting or Staining of the fence will be at the owners expense, Any variations must be approved by Council prior to any works and the resident must bear half the cost of any variations, Any variations or costs not approved by council will be at the owner's expense, Demolition and Removal of existing fence must be performed by the Fencing contractor, Where a gate or embellishment of a fence is requested by the landowner abutting a park, open spaced reserve, tree reserve or other reserve, they must first seek approval from the Parks and Open Space Team, Council will contribute to fencing costs up to a maximum limit of $5,000 (excluding GST).