Even if you’re on good terms with your neighbours, arguments over blocked views, costs, and aesthetics can cause a fallout that could end up in court. Before you build or replace your fence, here’s how to make it a seamless process:
If you’re building a fence at the front of your property, there isn’t too much that can go wrong. You’ll need a building consent if the fence is over 2.5 metres.
If you live in an area with a covenant, there may be restrictions on what materials and colours you can use. Some areas only want you to use natural colours or materials that blend into the natural landscape. Developments or historical areas tend to be more restrictive than other suburbs. In some cases, planners want to protect the feeling of the suburb and create a sense of unity amongst the houses or retain a certain look. High fences or mismatched materials can impact this look.
The first thing you must understand about building a fence between you and your neighbour's property is where your boundary lies. If you don't know your boundary, getting a surveyor in to check can pay. A surveyor can set boundary pins to ensure your fence is on your property.
The second thing you need to do is go to the local council and see if your property has any zoning rules that apply to it. Some areas have very strict rules related to materials, height, vegetation, and colour.
If your neighbour has issues with replacing the boundary fence, building the fence you want inside the boundary line on your property may be tempting. However, this could open you up to issues in the future. They could then decide to build a fence on the boundary line and make you pay half the cost. They could also object to your fence and take legal action against you. For these reasons, it’s always a good idea to build on the boundary and get permission from your neighbour first.
Once you know what you’re allowed to build and where you can build it, it’s time to talk to your neighbour. The law for boundary fences is that neighbours must share the fencing cost. Avoid any complications early on by discussing what type of fence you plan on building early in the process. If your neighbour has any issues, you won’t waste money on materials you can’t use.
Fencing can get complicated when neighbours disagree on upgrading the fence above its existing condition. For example, if your existing fence is old and made of wood, it’s reasonable to expect your neighbour to split the cost of a new wooden fence. However, if you wanted to upgrade the fence to something more expensive or replace a 1.5-metre fence with something much higher, you need to get your neighbour's permission.
According to The Fencing Act 1978, the fence you want to build must be adequate in “nature, condition and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve".
To comply with the Fencing Act, you’ll also have to give your neighbours official notice that you’re working on the fence, 21 days' notice to be exact. If your neighbour has an issue with the type of fence you want to build, they can serve you with a cross-notice.
While it’s always a good idea to talk to your neighbour face-to-face about your plans, getting the details down on paper will ensure no miscommunication come building time. This template will help you notify your neighbour about the specifics of the build. Make sure you hand it to them in person so they can’t deny reading it. The proposed works are accepted if your neighbour doesn’t reply within 21 days. You can begin work on the new fence.
You should also know that the notice needs to be served to the homeowner. If you live next door to a tenant, it doesn’t matter whether they agree or approve of your fence. The owner of the building must be served the notice and has to agree (or after 21 days, can no longer object).
While it can be tempting to approach building your new fence as a legal process, staying on your neighbour’s good side can go a long way. If you want to upgrade your fence to something much more expensive, it’s reasonable to expect that your neighbour might not feel the same way.
If your neighbour doesn’t agree with your fencing plans, you can apply to the District Court for an order to get the fence altered or built. However, now is a good time to remember that the fencing act states the fence needs to be ‘adequate.’ The law may not be on your side if your fence is more of an upgrade than a replacement.
Many neighbourly fence disputes could be avoided by sticking to the Fencing Act and ensuring the fence you build is what you got permission for. A neighbour might understandably object to a tall fence that blocks their view, especially if they signed off on a shorter fence.
It’s also understandable that one neighbour might not want to upgrade the existing fence to a more expensive material. Your neighbour only has to pay for half of an ‘adequate’ fence. If you own a pool and are required to build a pool fence (boundary fences need to be 1800mm high on the poolside), your neighbour may not have to pay half the cost. It depends on whether or not the existing fence is of the same quality and price as the pool fence you are required to build.
Now you know how to do the right thing by your neighbour when building a fence. But what if your neighbour is the one being disrespectful? If your neighbour damages your boundary fence and wants to replace it, you’re not liable for the cost. Intentional damage must be paid for by the party that did the damage. If your neighbour reverses into your fence or throws a party that gets out of control and damage occurs, they have to pay.
If a storm damages your fence and your neighbours are away, you don’t have to worry if you can’t get hold of them. You can get the fence repaired immediately. You can do the work and recover the cost from your neighbour when they are back in the country. You can also replace the fence if it’s beyond repair. However, you can only replace the fence with something comparable. Without your neighbour's agreement, you can’t upgrade it and expect them to pay half.
Finally, there a few pieces of etiquette you may want to consider when it comes to making your fence-building process go smoothly.
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