Settlement and early ownership

Dividing fences in Victoria

Who pays for a shared fence, the Fencing Notice process most people skip, why a boundary retaining wall isn't covered by fencing law, and free mediation if you can't agree.

A dividing fence is joint property, split equally

Under Victoria's Fences Act 1968, both neighbours generally have equal rights and obligations for a dividing fence, and the cost — including subsidiary items like design, clearing the land, removing the old fence, a boundary survey and any approvals — is shared equally by default (Department of Justice and Community Safety Victoria, verified 20 Aug 2026). There are two real exceptions: if one neighbour wants a fence above the standard both are required to contribute to, they pay the difference themselves; and if one neighbour deliberately or negligently damaged the fence, they pay for the repair.

What counts as a "sufficient" fence

Victorian law doesn't fix a height or material — neighbours must contribute equally to a "sufficient dividing fence", judged by factors including the style of any existing fence, how the land is used, reasonable privacy and security concerns, and what's typical in the local area (Department of Justice and Community Safety Victoria, verified 20 Aug 2026). For a residential property, that might mean a 1.8 metre timber paling fence; for a rural property, a wire-and-post fence. If a tenant is involved, most residential or retail tenants don't have to contribute at all — a long-term renter can be required to, depending on how much of their lease remains (nothing under 5 years remaining, half the rental provider's share for 5-10 years, all of it for over 10 years), but only if they were given the specific notices the Fences Act requires (Department of Justice and Community Safety Victoria, verified 20 Aug 2026).

The Fencing Notice: the step that's easy to skip

A Fencing Notice is a formal proposal to repair, replace or build a dividing fence — your neighbour has 30 days to respond from receipt (send it by registered post for proof). If they don't respond within that window, the work can proceed and the cost can be recovered from them through the Magistrates' Court of Victoria (Department of Justice and Community Safety Victoria, verified 20 Aug 2026). The part that catches people out: general neighbour notifications required as part of a planning or building permit are a separate process and don't substitute for a Fencing Notice. If you remove or replace a shared fence without either your neighbour's consent or having followed the correct process first, they're not legally obliged to pay anything toward it — even if the fence genuinely needed replacing. One exception: urgent repairs (a fence destroyed by a falling tree, fire or flood) can proceed without prior notice, though an urgent fencing notice is still needed afterward if you want to seek a cost contribution.

Renovating near the boundary? A retaining wall isn't "fencing"

This distinction matters most during a renovation or knock-down-rebuild: new construction or building work on a common boundary — including a retaining wall that replaces the need for a fence — is not fencing works under the Fences Act. It's governed by the Building Act 1993 instead, a different legal regime with its own rules (Department of Justice and Community Safety Victoria, verified 20 Aug 2026). Don't assume the cost-sharing and Fencing Notice rules above automatically apply to a shared retaining wall or a new boundary structure in the same way they apply to an ordinary fence — get specific advice for that situation rather than treating it as a standard fencing matter.

If you can't agree: free mediation

The Dispute Settlement Centre of Victoria (DSCV) provides free mediation for neighbourhood disputes, including fencing, run by a trained, impartial, accredited mediator — there's no charge, and it's usually arranged within about a fortnight, with a session typically taking 2 to 3 hours (Victorian Government (Dispute Settlement Centre of Victoria), verified 20 Aug 2026). It's voluntary: a neighbour who won't engage can't be forced to attend. But it costs nothing to raise, and it's worth suggesting well before assuming a dispute has to end up in court.

Practical checklist

Before starting fencing work involving a neighbour

• Check whether the work is genuinely 'fencing works' or boundary construction/a retaining wall governed by the Building Act instead
• Serve a proper Fencing Notice (or get clear written consent) before starting work, not after
• Confirm who's actually liable to contribute if a tenant is involved, and whether they've been given the required notices
• Keep records — registered post receipts, the notice itself, any written agreement
• If talks stall, contact the Dispute Settlement Centre of Victoria before assuming court is the only option

Questions for a professional

• Is this genuinely fencing work under the Fences Act, or boundary construction governed by the Building Act instead?
• Have I served a valid Fencing Notice, and has the 30-day response window passed?
• If my neighbour won't engage at all, what are my realistic next steps?

Official resources

• Department of Justice and Community Safety Victoria: Fencing law in Victoria
• vic.gov.au: Fencing in Victoria
• Dispute Settlement Centre of Victoria: Mediation

Sources and methodology

• Fencing law in Victoria | Department of Justice and Community Safety Victoria — Department of Justice and Community Safety Victoria (retrieved 20 Aug 2026)
• Fencing in Victoria | vic.gov.au — Victorian Government (retrieved 20 Aug 2026)
• Mediation with the Dispute Settlement Centre of Victoria | vic.gov.au — Victorian Government (Dispute Settlement Centre of Victoria) (retrieved 20 Aug 2026)

Figures on this page are drawn from Delora's local knowledge graph, refreshed from these primary sources and checked for changes on a regular schedule. If a figure here looks out of date, the official source above is always the authority — please let us know.