Fences

Below you will find:

Obtaining property owner details

To request the details of a property owner in relation to a fence repair or replacement you must submit a request to Council via the Fencing Application Form(PDF, 736KB).

If the request is by a fencing contractor, the contractor must provide written evidence that they are authorised to act on behalf of the property owner. If the request is by an Owners Corporation, the Corporation must provide evidence that they are authorised to act on behalf of the property owners.

Planning Permit Requirements

A planning permit may be applicable to construct or alter fences depending on the overlays on the property. You will need to contact the Planning Department to confirm whether a planning permit is required to construct/alter a fence.

Phone number: 9688 0200

If a planning permit is required, this will need to be obtained through Council prior to obtaining a building permit for the fence.

Building Permit Requirements

Building permit is required for construction of a fence if:

  • The fence is more than 2m high (regardless of materials used or location)
  • The fence is more than 1.5m high, constructed of lightweight materials, and is located within 3m of a street alignment
  • The fence is more than 1.2m high, constructed of concrete or masonry, and is located within 3m of a street alignment
  • The fence is more than 1m high when measured from the footpath level (regardless of materials used) and is located within 9m of the intersection of street alignments (corner fence)
  • The fence contains barbed wire or sharp protrusions and is constructed adjacent to a street alignment
  • The fence forms part of the swimming pool or spa pool safety barrier.

A building permit is not required for construction of a chain wire fence surrounding a tennis court.

Retaining walls

In some circumstances, retaining walls forming part of the fence construction may also require a building permit, as the height of the retaining wall could be included in the overall height of the fence.

Additionally, a building permit is generally required for a retaining wall if it is 1 metre in height or higher, or if it is constructed on or near a boundary where there is a risk of damage to adjoining property. Even if the wall is under 1 metre in height, a permit may be needed if it is associated with other building works or to protect a neighbouring property.

How to get a Building Permit

A Private Building Surveyor external from Council can issue a Building Permit for the construction of a fence.

Depending on the complexity of the fence (or brick wall), a draftsman may be required to be engaged to prepare drawings and details.

To find a Private Building Surveyor, you can use the Building and Plumbing Commission (previously the Victorian Building Authority) register below.

Find a practitioner | Victorian Building Authority

Report and consent

Prior to a building permit being issued, Council’s Report and Consent will need to be obtained in relation to a fence design, which does not comply with Part 5 of the Building Regulations 2018. Your Building Surveyor will determine if Council’s Report and Consent is required as part of the building permit application process.

In addition to the above requirements, the type and height of a fence may also be restricted by the following:

  • Section 173 Agreements, Covenants, Easements – please check your Title Certificate for details
  • Developer’s Design Guidelines for new subdivisions - please check Contract of Sale and Section 32 documents for details.

 It is the owner’s responsibility to comply with any restrictions listed on the relevant Title Certificate.

Shared Boundary Fences

Construction of a new fence or replacement of a dilapidated fence along the common boundary between the adjoining allotments is a civil matter, which does not require Council’s involvement. This process is regulated by the Fences Act.

Before proceeding with any work, it is important to contact the adjoining property owner to discuss the proposal. “Notice to fence” should be served if the adjoining owner cannot be contacted or agreement cannot be reached with respect to the proposed work.

Further information can be found here: Fencing in Victoria | vic.gov.au

Boundary fence disputes

If in dispute with your neighbour arises over a shared side or rear boundary fence issue, contact the following agency for assistance:

Dispute Settlement Centre of Victoria
4 / 456 Lonsdale Street, Melbourne
Tel: 1300 372 888
www.disputes.vic.gov.au

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