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A fence is a structure, ditch or embankment, or a hedge or similar vegetative barrier, enclosing or bounding land, whether or not continuous or extending along the whole boundary separating the land of adjoining owners.
A dividing fence is a fence which separates the land of adjoining owners, whether on the common boundary of adjoining lands or on a line other than the common boundary.
Fences may not require approval from Council if they are of a location and height that satisfies the requirements of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Approval is required for all other fences through either the development application process or complying development process.
Fences within the Upper Hunter Shire must be erected in accordance with the Code for the Erection of Fences, Screen and Courtyard Walls.
The law about the position of, and payment for, dividing fences in NSW is contained in the Dividing Fences Act 1991. This Act outlines the responsibilities of owners in the cost of building a new fence and repairing or maintaining the fence. It requires an owner to notify the adjoining owner if they believe that fencing work is needed and they want the cost to be shared.
The Dividing Fences
Act provides the procedure for determining the location of the boundary and the
sharing of survey costs if required.
Disputes between neighbours about dividing fences are among the most common neighbourhood disputes. The NSW Government has specific laws that set out dividing fence requirements and processes which control and regulate dividing fences under the Dividing Fences Act 1991. For help with legal advice on dividing fence matters contact the Community Justice Centre or Scone Local Court.
Environmental & Customer Services Department
Phone: 02 6540 1136
Fax: 02 6545 2671
council@upperhunter.nsw.gov.au
Upper Hunter Shire Council is a local government authority and provides an extensive array of services including health and building; town planning; aged care; sporting and recreational facilities; roads; libraries; waste collection; airport facilities; saleyards; public venues; water; children, youth and families and tourist information.
Upper Hunter Shire is located in the Hunter Region of NSW, approximately 250km north of Sydney. The Shire is predominantly rural and encompasses 8,100km2.
We have a COVID-19 Safety Plan and are committed to keeping you safe.
PO Box 208
Scone NSW 2337
Phone: 02 6540 1100
Fax: 02 6545 2671
council@upperhunter.nsw.gov.au
135 Liverpool Street, Scone
34-40 Vennacher Street, Merriwa
47 Mayne Street, Murrurundi
After hours emergencies for roads, bridges, animal control,
water, sewer & landfill
Phone: 02 6540 1199
Ngayan marrungku paran wiyan Wanarruwa, mirumalikan para ani parraykupa, ngatan ngayan marrung wiyan Ngarrakay paranpa yurakaykal ngatan pangaykal.
We acknowledge the Wonnarua people, traditional keepers of this land, and we pay respects to their Elders, past and present.
Translation by Aunty Sharon Edgar-Jones.