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How to handle a new fence without losing your friends
- Jake Bunston
- Apr 3
- 8 min read
Why Getting Your Fence Between Neighbours Right Matters More Than You Think
A fence between neighbours is one of the most common sources of property disputes in Melbourne, and often the cause is simply not knowing the rules before work begins.
Here is a quick overview of what you need to know:
Topic | Key Point |
Who owns the fence? | Check your title deeds or Landata for T-marks or H-symbols |
Who pays? | Costs are shared equally under the Fences Act 1968 (Victoria) |
Do you need permission? | Yes, send a formal Fencing Notice and allow 30 days for a response |
Can you force a neighbour to act? | Only through the Magistrates' Court as a last resort |
Can you paint or alter a neighbour's fence? | Not without their permission, it may be considered criminal damage |
The good news is that most fence disputes between neighbours never reach a courtroom. A little communication, a clear understanding of your rights, and the right fencing partner can make the whole process smooth and stress-free.
Melbourne's mix of Victorian terraces, weatherboard homes, and modern estates means boundary fencing is rarely one-size-fits-all. The style, height, material, and placement all matter, not just for compliance, but for kerb appeal and long-term value too.
I'm Jake Bunston, founder of Make Fencing, and over seven years of installing boundary fences across Melbourne, I've seen how a poorly handled fence between neighbours can strain relationships and cost far more to fix than to get right the first time. In this guide, I'll walk you through everything you need to know, from understanding ownership to navigating Victorian law and choosing the right fence for your property.
5 Essential steps for a stress-free fence between neighbours
When you are looking to install a new fence between neighbours, the secret to success isn't just about the quality of the timber or the strength of the steel; it is about communication. In suburbs like Balwyn or Bentleigh, where property values are high and aesthetics matter, a shared boundary is a shared responsibility.
The first step we always recommend is a friendly chat over the garden gate. Most disputes arise from surprises, not from the fence itself. By discussing your plans early, you can align on style and timing. In Victoria, the Fences Act 1968 provides the legal framework for these discussions, ensuring that both parties are treated fairly.
Choosing the right material is the next big hurdle. While a standard 1.8m timber paling fence is the "sufficient" default for most Melbourne residential areas, many homeowners are opting for COLORBOND® for its superior longevity and fire resistance, especially in leafier areas like Lilydale or Heathmont.
Feature | Timber Paling | COLORBOND® Steel |
Typical Lifespan | 15–20 years (with maintenance) | 25+ years |
Maintenance | Requires staining/repairs | Wipe down occasionally |
Privacy | High (overlaps) | Total (no gaps) |
Fire Resistance | Low | High (Non-combustible) |
Aesthetics | Classic, organic look | Modern, sleek finish |
01. Determining ownership of the fence between neighbours
One of the most frequent questions I get asked is, "Which side of the fence is actually mine?" There is a common myth that you own the fence on the left (or right) when looking from the street, but in Victoria, it doesn't work that way.
To find the truth, you need to look at your property’s title plan. You can obtain a copy of your title deeds through Landata or the Land Registry. On these plans, you might see "T" marks. A "T" on your side of the boundary line usually indicates that you are responsible for that fence. If there are two "T" marks joined to form an "H" symbol across the line, the fence is officially joint property, and responsibility is shared equally.
Even if the deeds are silent, the law in Victoria generally treats a dividing fence as joint property. This means you and your neighbour share the rights and the costs. For a deeper dive into these technicalities, you can read our Boundary Lines Fencing Complete Guide or explore our specific advice on a Fence on Boundary Line.
02. Navigating the Fences Act 1968 in Victoria
If you are planning to build, repair, or replace a fence between neighbours, you must follow the Fencing law in Victoria. The process starts with a "Fencing Notice." This is a formal document that tells your neighbour you want to do work and includes quotes for the job.
Once you’ve served this notice, your neighbour has 30 days to respond. If they agree, great! We can get to work. If they ignore it or disagree, you cannot simply start building. You may need to seek mediation or, as a final resort, an order from the Magistrates’ Court.
There are exceptions for "urgent repairs"—for example, if a storm blows the fence down in Brighton and your dog is escaping—but even then, you should try to notify the neighbour as soon as possible. For those in the metro area, our Boundary Fencing Melbourne services are designed to help you navigate these requirements while ensuring you end up with a "sufficient" dividing fence that meets local standards.
03. Debunking common myths about your fence between neighbours
Over the years, I’ve heard every myth in the book. Let’s set the record straight on a few:
The "Good Side" Rule: There is no law stating your neighbour must get the "smooth" side of the fence. However, traditionally, the rails face the person who is paying or the residential side if the other side is commercial. We prefer using designs that look great from both sides to keep everyone happy.
The Left-Hand Rule: As mentioned, your position on the street doesn't dictate ownership. Only the title deeds do.
The "I Can Paint It" Myth: You cannot paint, stain, or even attach a trellis to your neighbour's side of the fence (or a shared fence) without their permission. Doing so can be legally classed as criminal damage.
Leaning Items: Leaning heavy firewood or building materials against a fence between neighbours can cause it to bow or collapse. If you damage the fence this way, you are likely liable for the full cost of the repair.
If you want a fence that looks modern and avoids the "bad side" debate entirely, you should View contemporary boundary fence designs, which often feature symmetrical aesthetics.
04. Managing shared costs and "sufficient" fences
The Fences Act specifies that neighbours should share the cost of a "sufficient" dividing fence. But what does "sufficient" mean? In most Melbourne suburbs like Northcote or Coburg, this is typically a 1.8-metre timber paling fence.
If you want something more premium—perhaps a designer COLORBOND® installation or a custom metal feature—and your neighbour only wants the basic timber option, you will generally have to pay the difference in cost.
We often discuss the "Total Cost of Ownership" with our clients. While a basic timber fence has a lower entry point, its long-term value might be lower when you factor in the maintenance required to stop it from rotting in Melbourne’s damp winters. Materials like steel-framed timber or COLORBOND® offer better longevity and fewer headaches over time. You can Check out wood boundary fence options to see how we elevate the standard residential fence, or learn more about our role as Boundary fencing contractors.
05. Why professional installation beats the DIY headache
It is tempting to think you and the neighbour can knock up a fence over a weekend with a few slabs of beer. However, DIY fencing often leads to more disputes than it solves. I’ve seen DIYers accidentally build 10cm into the neighbour’s land, leading to expensive legal orders to tear the whole thing down.
Professional installation by Make Fencing ensures:
Structural Integrity: We know how deep the posts need to go to withstand Melbourne’s "four seasons in one day" winds.
Boundary Accuracy: We work to the title plans to ensure the fence is exactly where it should be.
Time and Tools: You won't need to hire post-hole diggers or spend three weekends on your hands and knees.
Peace of Mind: A professional finish adds actual value to your property and keeps the peace with the folks next door.
The hidden costs of DIY—from wasted materials to tool hire and potential legal fees—often far outweigh the investment in professional craftsmanship. To ensure a stress-free result, Discover professional boundary fencing solutions tailored to your specific suburb.
Frequently asked questions about fencing etiquette
How high can my fence be? In most residential zones in Victoria, a side or rear fence can be up to 2.0 metres high without a planning permit. Front fences are more restricted, usually 1.2 metres, especially on corner blocks in areas like Fitzroy, where sightlines are critical.
Can I build a new fence right next to my neighbour's existing one? Yes, you can build a fence entirely on your land right up against the boundary. However, this can create a "dead zone" where weeds and rubbish collect, and it may still require a conversation with your neighbour to ensure you aren't damaging their structure during installation.
Who pays for the fence if my neighbour is a renter? In Victoria, the property owner is almost always responsible for fencing costs. Tenants only contribute if they have a very long-term lease (over 5 years), which is rare in the residential market.
What if my neighbour refuses to pay? If you have followed the Fencing Notice process and they still refuse to contribute to a "sufficient" fence, you can take the matter to the Magistrates' Court. We recommend trying mediation first through a service like the Dispute Settlement Centre of Victoria.
What is the Fences Act 1968? It is the Victorian law that sets out the rules for repairing and replacing dividing fences. It covers everything from who pays to how to resolve disagreements.
Do I need a surveyor to find the boundary? If you and your neighbour disagree on where the boundary line is, you may need a surveyor. The cost of the survey is usually shared between both neighbours.
Can I hang plants on my neighbour's fence? Technically, no. The fence belongs to them (or is shared), and the weight of pots or the moisture from climbing plants can damage the structure. Always ask for permission first.
What if my neighbour's tree damages the fence? Generally, if a neighbour's tree falls and damages a shared fence, the repair costs are still shared equally unless it can be proven that the neighbour was negligent in maintaining the tree.
Does Make Fencing handle the Fencing Notice for me? While we provide the professional quotes you need to include in your notice, the legal responsibility to serve the notice lies with the property owner. We are happy to guide you through the information you need to include!
For any specific questions about your property, Contact us for a tailored consultation.
Elevate your Melbourne property with MAKE Fencing
At Make Fencing, we believe a fence between neighbours should be more than just a line on a map. It is a feature that provides security, privacy, and a significant boost to your home’s kerb appeal. Whether you are in the modern estates of Point Cook and Tarneit or the heritage streets of Carlton and Hawthorn, we bring a dedicated vision to every project.
Our process is simple and designed to be stress-free:
Consultation: We discuss your needs, style preferences, and the specific requirements of your Melbourne suburb.
Quotation: We provide a clear, detailed quote that you can present to your neighbour.
Assessment/Build: We handle the technical details and the construction, ensuring the highest standards of durable craftsmanship.
We focus on the "Total Cost of Ownership," helping you choose materials that offer the best long-term value for your investment. Don't let a boundary issue become a burden. Let us help you build a fence that you and your neighbour will both love for decades to come.
