How Much Red Tape Is Involved in Fencing My Property?
Getting your home fenced should be a relatively simple process. Choose a fencing style and product then either engage a fencing contractor to do the installation, or if you are handy, do it yourself, then sit back and enjoy the privacy of your own property. What? You didn’t check your local government by-laws or other legislation first? Oh dear.
Legislation May Differ from One State to Another
Most states in Australia have their own laws that regulate the building of boundary fences, and while most of them will be very similar, there could be some differences depending on where your property is located. In Queensland, where we are based, the relevant state legislation is The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
Queensland Legislation is Focused on Dividing Fencing
The purpose of this legislation is to deal with constructing and repairing fences that divide adjoining land. Its objective is to help the landowner who wants to build a fence on a boundary line to get a monetary contribution from their neighbour towards the costs. It also includes instructions about how to resolve any disputes.
We do not profess to be experts in these laws, but we are experts in the supply and installation of metal fencing. Fence Co serves the domestic and commercial market, and specialises in Colorbond, Chainwire, decorative and security fencing.
Local Councils Have Their Own By-laws
At a local level, the various city and shire councils throughout Queensland may also have other requirements that would usually be contained in their individual by-laws. There is also the issue of building and planning approvals and when they might be required in relation to constructing a fence. For example, building approval is needed for any fence that is higher than two metres above normal ground level.
What About Checking the Boundary Locations?
Another legal issue that needs consideration before any work begins is to check the exact location of the property boundaries. In most suburban areas, this is not such an issue, especially if the new fence is replacing an old one. These lots have usually been surveyed more than once over the years, and if the property is in a new subdivision, surveyors will have already confirmed the boundaries.
Resurveying in Rural Areas May be worth the Cost
In rural areas, however, it is often worthwhile to have the boundaries resurveyed, just to check that the new fence is being built in the correct location. Survey pegs may have been dislodged over time, and may not have been put back in exactly the right places. While resurveying is an additional cost, it often prevents any disputes with neighbours over property rights further down the track.
It is always in your interests to check with your local council if you have any doubt about the legalities of your fencing project.