Fencing Laws in NSW That You Need To Know

When it comes to fencing laws in NSW, they aren't always black and white.  If you have just moved into a new home and are wanting a bit more privacy, or maybe you don’t have the best neighbours, you are probably thinking about building a custom fence around your property.

However, before you do so, you need to ensure that you’re aware of the laws surrounding fences. There are many laws that you need to be aware of to ensure that your new fence is allowed to stay. 

Why Should You Install a Fence?

When it comes down to it, there are plenty of reasons why you might decide to erect a fence on your property. You may wish to put up a fence for privacy reasons, you might have a dog that you want to keep safe on your property, or you might even wish to put up security fences to better protect your home. 

Or, perhaps you recently built and installed a pool. In NSW, you require an internal fence  around a pool to ensure it is safe at all times. Whatever your reasons are for installing fences at your home, you have plenty of options. 

Do You Need to Apply to The Council?

When you decide that you’re going to build a fence in NSW, the first thing that you need to do is apply to your local council for building permission, regardless of whether you have decided to build a brand new fence or are replacing an old one.

What Laws Do You Need to Be Aware Of To Build A Fence?

Once you have council approval for your new fence, it’s time to talk to your neighbours. One important law to be aware of in NSW is the Dividing Fences Act 1991.

This law is designed to help settle any disputes that may arise due to the fence and provides you with a clear way of moving forward. It effectively regulates the responsibility of you and your neighbour. This legislation is only needed if there are any disputes over the proposed fence.


You should try to avoid any trouble by discussing and agreeing with your neighbours the following factors:

  • Fence height
  • Fence material 
  • Fence position and property boundary lines
  • A fence removal agreement - if applicable for old fencing
  • The cost of the fence and any additional expenses
  • The colour of the proposed new fence 

Once you have both agreed on the above, be sure to get it in writing and have both parties sign a written agreement.

When it comes to building a fence around your property or putting up a dividing fence between your own and your neighbour's properties, there are important laws for you to follow.

These laws and legislations not only dictate how to go about building the fence, but they’re also particularly useful for illustrating dispute resolution options and how to move forward.

Are you planning on building a new fence on your property?

Get in touch with the friendly and helpful team at MLR Engineering to learn more about our fencing solutions. Call 02 4261 9808 today to speak to one of our professionals.