Hunts Fencing
Servicing Thirroul to Jervis Bay
Adding Privacy, Security, Style and Value to Your Home
ABN 56 283 205 663
LIC # 19399
The information below serves as a guide only to answer some frequently asked questions. For up to date information, please contact your local council if your unsure of any legalities pertaining to your fencing needs.
- Underground Services
- Boundary Fencing
- Fence Heights
- Pool Fencing
Underground Services
Occasionally underground services (phone, water, electricity etc) exist beneath the fencing line, within the dig range. Before you have a fence erected if you're unaware where your underground services lie check your property plans and access dial before you dig http://www.1100.com.au/#
Deciding to put up a boundary fence
Boundary fences need to be mutually agreed on by all boundary parties. Contact your local council to find out any laws that pertain to fencing in your area.
1. Firstly, speak to your neighbour. Discuss the type and height of fence and what material the fence should be made of;
2. Secondly, if you and your neighbour agree on the type and cost of the fence then get at least two quotes for the type of fence you have agreed on;
3. Thirdly, put your agreement in writing, specifying a time for the work to be done and for payment to be made; and
4. Sign the agreement and both of you keep a copy of it. Once you have an agreement in writing if one neighbour does not carry out their part of the agreement within the agreed time (or within three monthsif there is no time stipulated), then the other neighbour may carry out the work and recover the costs as a debt in the Local Court.
Costs
The Dividing Fences Act 1991(NSW) provides for the cost of a dividing fence to be shared equally between adjoining land owners. However, if you construct the fence without agreement or withouta court order, you cannot later recover a contribution from the adjoining land owner, unless it is for
urgentor emergencyrepairs to a damaged fence. If there is a disputeover payment for urgent repairs, the owner must apply to the Local Court or Land Board within a monthfor a review.
You may recover costs from an adjoining owner for what is a sufficient dividing fence. If you want to build a fence to a standard greater than what is a sufficient dividing fence, then you must pay the additionalcosts. For example, if you want to build a brick fence rather than a paling fence in a residential area, or construct specialist fencing for deer or ostriches in a rural area. All items that are related to the fencing work, such as preparation of the land, design, construction and removal of the old fence, are included in the costs to be shared by adjoining land owners.
If it is necessary to remove vegetation for the purpose of fencing, or for the repair of retaining walls (if they are essential for the support of the fence), the costs of this work may also be shared by adjoining land owners. An exception to shared costs is where the fence needs replacement or repair as
a result of damage caused by the actions of one of the land owners, their tenant or someone acting with that owner’s permission.
If you cannot reach an agreement
If you cannot reach an agreement, you can serve your neighbour with a Notice to Fence. This can be done by post or by hand. A Notice to Fence outlines:
1. the position of the proposed fencing work;
2. the type of fence;
3. the cost of the fence; and
4. the amount to be paid by each owner.
You must include 2 quotes with this notice. Keep a copy of the Notice to Fenceand record the date it was delivered or posted. You can download a Notice to Fence from the Lawlink website or you can get one from your nearest Local Court.
If your neighbour does not agree to your proposal after one month,you can attempt to resolve the disagreement by mediation through a local Land Board. If you can’t resolve the dispute through mediation, you can ask a Local Court or a Local Land Board to make orders. Either party can apply to the Local Court or Land Board. You and your neighbour must comply with a fencing order within the time specified in the order. If no time is specified in the order, you must comply within three months of the order. If either owner does not comply within those times, the other owner can go ahead with the work and recover the costs in the Local Court. If a dividing fence has been damaged or destroyed and it urgently needs to be repaired it is not necessary to serve a Notice to Fence before carrying out the fencing work. In a case where there is disagreement costs of this may be recovered in the Local Court. However it is important to keep in mind that if it is not urgent and you proceed to construct a fence without agreement with your neighbour or a court order, you cannot later recover a contribution from the adjoining neighbour.
Local Council approval
You should contact Council before building a dividing fence to determine whether there are any specific requirements or whether Council consent is required.
Entering the adjoining land
An owner (or someone working for them) who is carrying out work under the Dividing Fences Act may enter the adjoining land for that purpose at any reasonable time.
Useful contacts
Community Justice Centre: 1800 990 777
Local Land Board: 883 65373
Law Access 1300 888 529
http://www.lpsc.nsw.gov.au/files/Download/Fact%20Sheet%202%20Dividing%20Fences.pdf
Dividing Fences Act 1991 http://www.austlii.edu.au/au/legis/nsw/consol_act/dfa1991137/
Fence Heights
Generally, a front fence can’t exceed 1.5 metres. If the property faces a main road, a fence height of 2 metres is generally allowed. Corner blocks and heritage-listed properties have a different set of rules, as do side and back fences. Most councils do not require approval for dividing fences under 1.8m, (6 feet) in height, or front fences under 1 metre.
It’s best to check with your local council before you begin building your fence, to ensure it complies with their rules and regulations. In fact, some councils won’t let you build unless you have permission. Some Estates also have specific fencing requirements.
Pool Fencing
The requirements for child-resistant barriers vary depending on when the pool was built and where the pool is located.
For pools built before 1 August 1990
Access to the pool from the house must be restricted at all times. Windows and doors may form part of the barrier, but they must be compliant.
For pools built after 1 August 1990 but before 1 July 2010
The pool must be surrounded by a fence that separates the pool from the house. Some exemptions apply to pools on very small properties (less than 230 square metres), large properties (2 hectares or over) and those on waterfront properties.For pools built after 1 July 2010
All new pools must be surrounded by a fence that separates the pool from the house.
Inflatable pools
Owners of premises with swimming pools, including inflatable swimming pools, must ensure their pools comply with fencing laws.
Physical measurements
Pool fencing must comply with the physical measurement requirements summarised below:
- height of a pool fence must be at least 1.2m above the ground from finished ground level
- gap at the bottom of the pool fence must not be more than 10cm from finished ground level
- gaps between between any vertical bars in the fence must not be more than 10cm
- to prevent children climbing over pool fences any horizontal climbable bars on the fence must be at least 90cm apart from each other.
Also see the information below detailing the 'non climbable zone' requirements.
If your pool fencing does not satisfy all the above measurement requirements, contact a licensed builder, pool technician or fencing contractor straight away.
Non-climbable zone
Trees, shrubs or any other objects such as a barbeque, pot plants, toys, ladders and chairs must not be within the 90cm 'non climbable zone'. This is so that a child can not use them to climb over the fence.
The 'non climbable zone' is a zone measured in an arc shape from the top of the outside of the pool fence arching towards the ground.
Any part of the boundary fence that is part of the pool fence or is within the 90cm 'non climbable zone' must not have any horizontal bars. If this needs rectification, contact a licensed builder, pool technician or fencing contractor to provide you with a compliant solution.
Child-resistant doors and windows
Some older swimming pools might include doors or windows as part of as part of the pool fence or barrier. This is no longer allowed in the building of new pools.
Doors in pool barriers
If you have a door that forms part of a pool barrier you must make sure that:
- it self closes
- it self latches
- the latching device is at least 150cm off the ground
- there are no footholds wider than 1cm on the door or its frame between the floor and 100cm above the floor
- it does not have any pet doors.
If all of the above are not satisfied, you will need to take the necessary action to ensure that any door that is part of a pool barrier complies with these requirements.
Windows in pool barriers
If you have windows that form part of a pool barrier, they must have a locking device or a security screen that prevents them from opening more than 12.5cm.
If it does not satisfy this requirement, you will need to install a locking device or security screen that reduces the gap to 12.5cm or less. Locking devices and security screens can be purchased from your local hardware store, but you should also seek advice from your local council, accredited private certifier or licensed builder.
Gate closing and latching devices
Check to ensure that your pool gate:
- is never propped open and is always kept shut
- swings outwards (away from the pool area). If it does not swing outwards, the gate must be re-hung so that it does.
- shuts automatically from any open position, without having to forcibly close it.
- automatically locks (self-latches) when it closes.
If the gate does not shut and lock automatically, the pool gate should be permanently fastened until a new lock and closing device can be installed. Self-closing and self-latching devices can be purchased from most pool and hardware shops and can be easily installed.
Pool fence and gate maintenance
All fence bolts, screws and fasteners must be tight and in good order. Any loose bolts, screws and fasteners should be tightened or replaced.
Self-closing gate hinges, locks and latches should be sprayed with lubricating oil or silicone.
Manufacturers of the pool fence and gate should provide written instructions on how to maintain your pool fence and gate. This may include the regular replacement of springs and regular spraying of self closing gate hinges, locks and latches with lubricating oil or silicone.
Proper maintenance can help to prevent many of the faults relating to self closing and self latching gates.
Swimming Pool and Spa Association NSW