Imagine standing on your sunlit Perth veranda, peering over to see your neighbour eyeing the old fence with scepticism. Tensions over boundary fences are a classic Aussie neighbour drama – but they don’t have to end in a standoff. Before you rush off to buy timber or Colorbond panels, take a breath and have a yarn.
Boundary fence disputes can usually be settled amicably if you know the rules and talk things through. Under Western Australian law (specifically the Dividing Fences Act 1961), neighbours are meant to share the cost of a “sufficient dividing fence” equally, but the Act is really a safety net – any private agreement you strike will override it.
In short, it’s up to you and your neighbour to hash out the details first; the law just supports fair splitting of costs if needed. A friendly chat (and some paperwork) upfront can prevent headaches later.
Let’s break it down step-by-step so you can keep things neighbourly:
Talk it out first:
Pick a good time to have a relaxed chat over the fence. Bring along any fence quotes or pictures of styles you have in mind. Listen to your neighbour’s concerns (maybe privacy, shade, cost, or line-of-sight).
Aim for a win-win: share ideas and be open about why you want a new fence (or repairs). Jokes or light anecdotes can ease tension (yes, even fence talk can use a bit of humour – maybe mention how “splitting fence panels” isn’t as fun as it sounds). By turning a potential spat into a mate-like discussion, you’re already ahead.
Agree on a plan together:
If you reach common ground (style, material, cost sharing), shake hands and, crucially, put it in writing. An email or simple agreement signed by both parties clears up confusion. You could even draft a short letter summarising what you agreed: “We, [Your Name] and [Neighbour’s Name], agree to install a new timber picket fence, each paying 50%. We will use XYZ fencing company starting on [date].”
This written memo is golden if any dispute pops up later – it shows what you agreed. (Heads up: both the WA government guidance and courts love seeing a signed agreement, as it overrides default rules.)
Follow the law if you hit a snag:
If talking doesn’t cut it, the Dividing Fences Act 1961 (WA) sets out a formal process. For example, you can issue a written notice to your neighbour proposing a new or replacement fence. This notice must be signed and delivered (in person or by registered post) to your neighbour’s address.
It should detail: the exact boundary line in question, what kind of fence (material, height, colour) you propose, who will organise the work, and how you suggest sharing the costs. (Tip: double-check your land title via Landgate to see if any special covenants apply to fences on your property.)
You might phrase it like, “Hi Neighbour – I’d like to repair/replace the fence along our boundary. My plan is [describe fence]. I propose we split the cost equally, and I can get a contractor to handle it. Let’s chat about the details – thanks!” By law, they then have a set time to respond (you’ve given them the courtesy and documentation, and the Act provides the framework if they balk).
Understanding the Law and Your Rights
You might wonder, “Am I even allowed to build this fence, and who pays?” Under WA law, both you and your neighbour have equal responsibility for a sufficient dividing fence on your common boundary.
A “sufficient fence” means basically a reasonable, sturdy fence (often what local council rules specify, like a Colorbond or good-quality timber fence). If you and your neighbour agree on any fence style, that agreement stands – it overrides the Act. This means you can jointly decide on a pricier style or share costs differently if you like.
But if you can’t agree, the Act says each owner is generally liable for half of a sufficient fence. For instance, a 1.8m Colorbond Good Neighbour fence or solid timber fence would normally qualify. (Council by-laws might limit height without a permit, usually around 1.8m on a side boundary in Perth – always check your local requirements first.)
If your neighbour refuses to cooperate, the law still gives you a route: you send that formal notice and, if needed, you can eventually have a court decide. The Magistrates Court can determine how much fence is needed and who pays what portion. Think of the law as the referee ready to step in – but referees are costlier than a neighbourly chat!
Step-by-Step: Handling Disagreements Before You Build
- Start with a plan (and a chat): Before swinging a hammer, make sure you and your neighbour are on the same page. Grab some photos of fence styles or a friendly fence instal quote to show them. Explain why you need the fence (privacy, security, property enhancement – whatever’s driving it). Ask them what they need from the fence too – maybe they prefer Colorbond in “Paperbark” colour, or they’re okay with a treated pine picket fence.
- Write it down: If you reach a rough agreement (even informal), follow up with a quick letter or email summarising it. This isn’t bureaucracy for the sake of bureaucracy – it prevents the classic “he said, she said” trap. It’s like a mini-contract that says, “Yes, we both agreed on this plan on this date.” If you later go to court, judges love seeing evidence of that handshake in writing.
- Send a formal notice if needed: If your neighbour is hesitant or unresponsive, use the Act’s process. Your written notice (sometimes called a Dividing Fences Notice) should include:
- Boundary details: A sketch or description of exactly which part of the fence is at issue.
- Fence proposal: The type of work (repair vs. new fence vs. straightening an off-centre fence). Describe the fence (e.g. “1.8m Colorbond steel panels in ‘Woodland Grey’ with metal posts, from point A to point B”).
- Organiser: Who will get quotes, hire the builder, etc. (Often whoever sends the notice says they will handle organisation, to simplify).
- Cost-sharing: Say you intend to split costs 50/50 as per the Act, or whatever arrangement you prefer.
- Timeline: (Optional but nice: when you’d like to start, giving them a month or two).
- Once written, deliver it by hand or registered post to ensure they can’t say they never saw it. The neighbour then has a certain period (typically 21 days) to respond, either agreeing, rejecting, or raising an objection. If they agree or say nothing, you can often proceed after the waiting period. If they disagree or counter with another plan, you’ll need to negotiate or possibly involve the legal steps below.
- Check the boundary line: Disputes sometimes erupt simply because you and your neighbour think the fence is in a slightly different spot! The Act handles this too. You can get a surveyor to peg the line. The Act even says if one neighbour objects to a survey, they can just peg where they think it is; if the other isn’t satisfied, then the original neighbour can have the surveyor confirm the boundary. The cost is shared if the boundary ends up where the surveyor pegs it, and otherwise the person insisting on the survey pays more. In practice, hiring a licensed surveyor (each chip in half) before building eliminates any wonky results.
- Resolve it without lawyers if possible: Court is really the last resort – it takes time and money. If you still can’t agree, consider mediation. Some local councils offer dispute resolution services or community justice centres might help neighbours talk it out with a mediator. Even the WA Magistrates Court encourages mediation before trial for fence cases. The idea is to keep things friendly (remember, you’ll probably see this neighbour out the front again!).
- Apply to court if necessary: If all else fails, the Act lets either owner apply to the Magistrates Court (within 21 days of receiving the notice) to have the dispute sorted legally. The court can then order who pays what for the portion of fence needed and set a timeframe. They consider local norms too – for example, if every other house on your street has a wooden fence, that might influence the decision on what “type” of fence is fair. Keep in mind that even if you win, court costs and time can be high, so it’s better to use this only as a shield if needed (and again, personal agreements always trump the Act’s defaults).
- If neighbour still doesn’t comply: If you both agreed or a court ordered a new fence and the neighbour just won’t pay up or build, the Act lets you do it yourself and claim back half the cost via court action. You essentially cover the full cost upfront and then invoice them for their share (the court can enforce it). Not ideal if money is tight – better to handle it before spending any cash.
Picking Fence Style and Planning Costs
Before the sawdust flies, think about the fence itself. Cost and materials will be on both of your minds, so lay it all out. Here’s a quick comparison of common options (prices are ballpark per metre including installation):
| Material | Approx. Cost (per m) | Pros | Cons |
| Colorbond Steel | $150 – $200 | Very durable, low maintenance; plenty of colours. | Higher upfront cost; needs concrete footing. |
| Treated Timber (picket or lapped) | $90 – $150 | Natural look; easy to paint/stain; good for slats or pickets. | Needs regular painting/staining; can warp or rot over years. |
| Corrugated Iron (galvanised) | $60 – $120 | Strong and rustic; relatively cheap; easy DIY option. | Can rust in spots; noisier in wind. |
| Masonry/Brick | $300 – $500 | Extremely sturdy and secure; very long-lasting. | Very expensive; requires council permits; labour-intensive. |
| Pool/Privacy Slats (in timber or PVC) | $100 – $180 | Sleek look; good for privacy. | Panels can be more expensive; wind load on panels. |
Table: Rough fence costs and trade-offs in Perth (install costs vary by supplier).
These prices can change, but they highlight that even splitting the fence cost (say $150/m each) on a 20m run means about $1500 each. So yes, it’s in everyone’s interest to discuss budget early.
When discussing designs, throw around creative ideas to make both sides happy. Maybe you compromise on a mid-range color (Woodland Grey? Pale Eucalypt?) that suits both houses. If only one of you really wants the higher-end style, you could agree to pay the extra. Or plant some shrubs in front for extra privacy on your side. The key is to collaborate on an outcome that doesn’t leave either party feeling railroaded.
Thinking about hiring contractors? It’s often wise to get at least two quotes to see the price range. When giving quotes to your neighbour, be transparent: “This quote from XYZ Fencing is $X for the job. If we split, it’s $X/2 each.” Having a professional look at the job can also reassure neighbours about the timeline and quality.
If you find yourselves still in a rut, consider suggesting a neutral inspector. For example, offer to have a local fencing company representative meet both of you to inspect the site and advise on what exactly needs doing. Sometimes a third-party opinion can break the logjam (and the consultants are usually friendly – they just want the job!). Just ensure you choose an agreed-upon pro, so no one feels ambushed by a biased suggestion.
Special Situations: Vacant Land or Unresponsive Neighbours
A common headache is when your “neighbour” is unreachable or the block next door is still empty. The good news: if you really need a fence (for example, your pets need a secure backyard), you can’t just build one and hit up a ghost for cash. The Act says you can’t recover costs from a vacant lot owner unless they’ve done certain things – like building or allowing someone to live there.
Essentially, if the next-door is empty, you may not get them to pay until they start using the land in a major way. But you should still notify them of your plans (you might find their name via Landgate or the local council’s rates office). It’s neighbourly to do so, and it might even unearth the owner’s contact info. Then the moment someone moves in, they’ll get hit with your half-cost invoice (per the Act). Keep records of your notices just in case.
What if the neighbour just doesn’t respond at all? In that case, after sending your formal notice and waiting the statutory period (often 21 days), you can effectively proceed as if they disagreed. If no one’s signed up to the job, you can ask the Magistrates Court for permission to build and then claim half. It’s a bit of work, but it ensures you’re protected. And always keep copies of every letter/email – those paper trails show you’ve tried to follow the proper steps.
Bringing in the Professionals
Sometimes, the smart move is to involve experts who can keep things smooth. This doesn’t mean you give up being neighbourly; it means you add credibility. For example:
- Licensed Surveyor: If boundary location is disputed, a professional peg-out will confirm where “their lot ends and ours begins.” Splitting the survey cost is much cheaper than arguing forever.
- Fencing Contractor: You could propose meeting at your place with a fencing pro who can walk around and give an on-the-spot quote or advice. They can say, “For a fence here, you’d need X materials,” which sets clear expectations.
- Mediator or Local Government Officer: Some councils or legal aid organisations offer mediation for free or low cost. Even a brief mediation session can jump-start agreement by having someone impartial guide the convo.
- Legal Advice: If you’re really stuck, a quick call to Legal Aid WA or a property lawyer can clarify obligations so you know your rights. (For example, Legal Aid has fact sheets on trees and fences if those issues overlap.)
Ultimately, you want to show you’ve done your homework and are being fair. When you say “I’ve spoken to a fencing company and we both need to chip in half,” having the numbers and a pro’s perspective behind you makes it more concrete. It also signals you’re serious but reasonable, which can nudge a reluctant neighbour toward agreement.
Conclusion
Resolving a boundary fence dispute before building is all about communication, fairness, and knowing the playing field. Start with a friendly chat, get clear on what each of you wants, and put any agreement in writing.
Use the framework of the Dividing Fences Act – sending a proper notice with all details – if talk stalls. Remember, a solid fence depends on solid communication: approach your neighbour with respect and clarity, and you’re far more likely to end up with a nice new fence instead of a bruised friendship or courtroom fuss.
If you feel stuck at any point, consider reaching out for help – whether that’s a mediator, a surveyor, or a pro boundary fencing company to provide an unbiased quote. A crisp fence is definitely a team effort.
Ready to get that fence sorted? Talk to your neighbour armed with a plan, and if you need an expert hand, professional boundary fencing services are just a call away. A swift resolution now will save headaches later, and you’ll both enjoy the reward of a new fence that everyone helped design.
Don’t wait for the fence to fall down—reach out to your neighbour today and start the conversation. If you need professional advice or quotes, contact us for a free consultation and get the ball rolling on your boundary fence project!
FAQs
Q: Who pays for a dividing fence in Perth, WA?
A: Under the Dividing Fences Act 1961 (WA), neighbours are generally expected to split the cost of a sufficient dividing fence equally. That means each owner pays half of a reasonable fence’s cost, unless you make a different private agreement. If one neighbour covers more, they may ask to be reimbursed (often via the court). Always document any cost-sharing agreements in writing.
Q: What if my neighbour refuses to pay for half the fence?
A: First, try to discuss why. If they have valid concerns (like cost or style), negotiate a compromise. If they flat-out refuse, you can send a written notice under the Act outlining the proposed fence and cost-split. If still no agreement, you can eventually apply to the Magistrates Court. The court can order them to pay their share. Also, if the fence is built and they still won’t chip in, the Act lets you recover half the construction cost through court proceedings. But courts are a last resort – aim to resolve it together first.
Q: Can I build a fence on my property without talking to my neighbour?
A: If it’s a boundary fence (right on the property line), the best practice is to notify your neighbour and seek agreement. The law actually requires giving proper notice if you plan to build or replace a dividing fence. If you build without notice, your neighbour could later demand their half of the cost or even take legal action. So it’s safer (and neighbourly) to loop them in from the start. If it’s your side yard or entirely on your land (not on the boundary), you have more freedom, but still check with local council for any height rules.
Q: What happens if there’s a dispute over where the boundary really is?
A: Boundary location issues can stall fence plans. The Dividing Fences Act provides a process for this: one owner can give notice to survey the boundary. The neighbour then has seven days to either engage their own surveyor or peg where they think it is. If there’s disagreement, a licensed surveyor can be hired (costs usually split 50/50) to officially set the line. Confirming the true boundary is crucial before building, otherwise you might end up fencing in their yard (or vice versa). Once the line is agreed (or legally determined), you can move ahead with the fence.