Blue Mountains City Council


Dividing Fences

A dividing fence is a fence that separates the lands of adjoining owners.

The Dividing Fences Act 1991 outlines the rights and responsibilities of property owners in relation to fences. Council is not involved in settling disputes regarding dividing fences. If you and your neighbour cannot come to an agreement for the carrying out of fencing work, you can contact a Community Justice Centre or a solicitor.

If you are planning to construct a fence, please refer to State Environmental Planning Policy (Exempt & Complying Codes) 2008 to determine whether your fence is exempt from the need to obtain development consent from Council.

If you do require consent, please refer to the development standards in Part F1.3.1 of Blue Mountains Development Control Plan 2015 (for land zoned under Blue Mountains Local Environmental Plan 2015) or Part D1.5 of Better Living Development Control Plan 2005 (for land zoned under Blue Mountains Local Environmental Plan 2005).

Council is exempt from contributing to the cost of dividing fences constructed on the common boundaries of public reserves, parks or roads under Section 25 of the Dividing Fences Act 1991.

Should you require further information regarding whether you require consent please contact Council.