Understanding the Dividing Fences Act: Your Guide

When you move into a new home, the fence between you and the neighbours is easy to overlook, until it needs replacing. In Queensland, dividing fences are covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, which replaced the Dividing Fences Act 1953.

Here are the key points of the Act, your responsibilities, and how to handle the conversation with your neighbour.

Why Fences Matter

Fences tend to blend into the background until it's time to build, repair or replace one. That's when friction between neighbours starts, and when the Act comes into play.

Key Provisions of the Act

The Act sets out each owner's responsibilities for building and maintaining a dividing fence. The key points:

Equal contribution: Neighbours share the cost of building or repairing a dividing fence equally, provided it's a "sufficient dividing fence". Section 20 of the Act sets out what counts as sufficient, taking into account things like the existing fence and the fences commonly used in the area.
Consultation and agreement: Talk to your neighbour before any fencing work starts. Cover the type of fence, where it goes and what it costs. If you want something like a core-filled blockwork fence, make sure your neighbour agrees to the style and the cost before work begins.
Documenting the agreement: Once you agree, put it in writing: the exact location of the fence, the type and style, the total estimated cost (backed by three quotes), and signatures from both owners. Keep a copy each.
Dispute resolution: If you can't agree, give your neighbour a Notice to Contribute for Fencing Work (Form 1). If they don't agree within one month, you can apply to QCAT for an order. Remember your neighbour only has to pay half the cost of a sufficient fence, which in most suburbs is a basic treated pine paling fence. You can build something fancier, but expect them to pay half of a paling fence, not half of the fence you really want, no matter how much "better" it is.
Avoid going it alone: Don't build without your neighbour's agreement or a QCAT order, or you may not recover their share. The Act does allow urgent fencing work without notice in limited cases (for example, a fence destroyed in a storm). You can then claim a contribution, but keep photos and quotes.

Practical Tips for a Smooth Process

A few practical strategies make dividing fences much easier:

Meet in person: Wherever possible, talk about the fence face to face. It builds rapport and helps defuse tension.
Be considerate: Respect your neighbour's preferences and budget. Meeting in the middle prevents a lot of conflict.
Know the rules: Check your council's rules on fence height, materials and style, which vary between areas.
1. Here is a link to the QLD Act https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-2011-025 check your own state for similar legislation that governs this process.
Get professional advice: If you're unsure about anything, ask a surveyor, fencing contractor or lawyer.
Keep records: Keep every written agreement, email and note of conversations with your neighbour. Take plenty of photos and measurements before, during and after the fence goes in.

Understanding the Costs Involved

Cost is the most common sticking point between neighbours. Knowing what drives it helps set expectations.

Materials: Costs vary widely between timber, Colorbond, masonry and chain wire. Timber is usually cheaper up front but needs more maintenance; Colorbond lasts longer but costs more to start with.
Labour: Labour can be a big part of the cost. Get several quotes to find the best value.
Additional Features: If you and your neighbour agree on additional features like gates, decorative elements, good neighbour style fence panels (palings on both your and their side of the fence) or special finishes, these will also impact the total cost. It's important to discuss these extras and decide if they are necessary or desirable for both parties.

Common Scenarios and Solutions

Here are some common situations and how to handle them:

Disagreement on Fence Type: If you and your neighbour have different preferences for the type of fence, try to find a compromise. For example, you could agree on a style that incorporates elements of both preferences or choose a neutral option that suits both parties.
Financial Constraints: If your neighbour is unable or unwilling to contribute to an expensive fence, consider alternative solutions. You could opt for a more affordable fence or agree to cover a larger portion of the cost yourself if you have specific requirements.
Urgent repairs: If the fence is damaged and creates a safety risk, act quickly. Tell your neighbour and agree on a temporary fix until a permanent fence goes in. See the urgent fencing work note above.
Boundary disputes: If the boundary is unclear or disputed, get a surveyor to mark it so the fence goes in the right place.
1. If you live in an "older" land subdivision you may need to do an identification survey prior to being able to reinstate and carry out your boundary survey. Ident surveys typically cost between $1800 and $2250 AUD.

Legal Recourse and Mediation in Queensland

If you can't reach agreement, here's the path:

Notice to Contribute: Give your neighbour a Notice to Contribute for Fencing Work (Form 1) with your quotes. If they don't agree within one month, you can apply to QCAT.
QCAT: The Queensland Civil and Administrative Tribunal decides dividing fence disputes. The Magistrates Court isn't the first stop, and the old Small Claims Tribunal was abolished in 2009.
Mediation: Before going to QCAT, consider mediation. A neutral third party helps you and your neighbour negotiate, and it often settles things without a hearing. The Queensland Government's Dispute Resolution Centres offer free mediation.

QCAT's Role in Dividing Fence Disputes (QLD Only)

Mediation and Resolution: QCAT offers mediation services to help parties reach a mutually agreeable solution without the need for a formal hearing. This can involve discussing the type of fence, cost-sharing arrangements, and other relevant issues.
Determining contributions: QCAT can make binding decisions about cost contributions, including what counts as a sufficient fence for the area.
Orders to Fence: If neighbours cannot agree on the need for a fence or its specifications, QCAT can issue an "Order to Fence." This order outlines the requirements for the construction or repair of the fence, including the type of fence, location, and cost distribution.
Dispute Resolution: In cases where one party has erected a fence without the consent of the other, or if there is disagreement about the fence's location or type, QCAT can resolve these disputes. The tribunal considers various factors, including the existing condition of the property, the necessity of the fence, and any agreements or communications between the parties.
Enforcing orders: QCAT doesn't police compliance itself. If your neighbour ignores a QCAT order to pay, you can register it with the Magistrates Court and enforce it as a debt.
Appeals and Reviews: QCAT also handles appeals and reviews of its own decisions. If a party is dissatisfied with a decision, they may seek a review or appeal, provided they have valid grounds, such as a significant error in the decision-making process.