Boundary Walls and Fences
Erecting of repairing a boundary fence between neighbouring properties is a common occurrence that can be made simple with the help of the Boundary Fences Act 1908 and Boundary Fences Regulations 2018
In Tasmania, boundary fences between neighbouring private properties are generally the responsibility of the adjoining landowners. Property owners are typically required to share the reasonable costs associated with the construction, maintenance, and repair of boundary fences in accordance with the act.
If you want your neighbour to contribute to the cost of constructing or repairing a fence talk to them first to reach an agreement on the standard of fence and the sharing of costs. If an agreement cannot be reached, a last resort would be to serve a notice on them.
To serve such a notice you can give it to your neighbour by handing it to him or her or send it in the mail. If you put up a fence or repair one without serving the proper notice on your neighbour or without any verbal or written agreement between you, your neighbour cannot be made to contribute to the cost.
The forms used for giving your neighbour notice to erect a fence (Form 1) or to repair a fence (Form 2) are found in Schedule 1 of the Boundary Fences Regulations 2018.
Property owners should also be aware that council planning approval may be required for certain fences. Requirements depend on factors such as the fence's height, materials, location, and whether the property is affected by heritage or other planning controls. While many standard residential fences are exempt from planning approval, taller fences and some masonry structures may require a permit.
If you are unsure whether your proposed fence requires planning approval, please contact Council's Development Services Department on (03) 6254 5050 or email development@southernmidlands.tas.gov.au before commencing any work.
Southern Midlands Council does not become involved in disputes between neighbours regarding side or rear boundary fences. If an agreement cannot be reached with your neighbour, independent legal advice or assistance from Legal Aid should be sought.
Legal Aid’s advice regarding boundary fences can be found here: Boundary fences – Tasmania Legal Aid
Legal Aid website – Home – Tasmania Legal Aid
Where a boundary fence adjoins Council-owned land, Council may contribute to the repair or replacement of the fence, subject to assessment and the circumstances of the property.
