A dividing fence is a fence that sits on or near a boundary between two properties.
In Tasmania, the Boundary Fences Act 1908 sets out the rules for dividing fences. In most cases, neighbours share the cost of building or repairing a dividing fence equally.
Before building a fence
You do not usually need a permit to build a standard fence. However, permits may be required for:
- Fences in a heritage overlay area
- Fences over a certain height (check the Tasmanian Planning Scheme)
- Fences near a road where visibility is a concern
Contact our Planning team before building if you are unsure.
Resolving a dispute
If you and your neighbour cannot agree about a fence, you can:
- Try to resolve it through discussion
- Use a mediation service (contact us for referrals)
- Apply to the Magistrates Court under the Boundary Fences Act
We encourage neighbours to try to resolve disputes amicably before taking legal action.
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