Dividing fences

A fence between properties is usually in joint ownership, both parties need to be in agreement prior to any alterations or additions.

A building permit is required for any fence exceeding 2 metres in height and whenever it is proposed to vary from the Building Regulations through the Consent and Report process. Irrespective of whether a building permit is required or not, all fences must comply with the Building Regulation.

For detailed information on fences please contact either the Victorian Building Authority on 1300 815 127 or Council's Building Services on 9433 3243.

Copies of the Fencing Act 1968 can be viewed on line at Australasian Legal Information Institute website.

If adjoining properties are privately owned

Any requests for ownership of adjoining properties must be in writing to Council or you can email nillumbik@nillumbik.vic.gov.au

Council will require the following information:

  • your property address
  • your full name and contact details
  • the address details of the adjoining property

If Council is your neighbour

If your land joins a Council-owned property, then Council will contribute half towards the cost of fencing. If an existing fence needs to be replaced, Council will arrange an inspection of the fence. Contact Council's Infrastructure Services Department on 9433 3234 for further information.

If it is deemed the fence needs replacing, Council will require the following:

  • two (2) quotations for standard fencing to the area (ie. a 1.65 metre high paling fence or 1.2 metre high post and wire fence); and
  • copy of title to the property you wish to fence, including full details of any covenants listed.

For your information, there is a website available for Title Searches: www.land.vic.gov.au

If you require a higher fence, a gate, or any other variation to a standard fence, you will be required to pay the full cost of the variation, as well as a half share of a standard fence.


  • Require a site inspection PRIOR to deciding whether consent will be granted.
  • If Council consent is granted, pedestrian access gates are only permitted (maximum width being 1.5 metres). Vehicular access gates are NOT permitted.

Please note that any fence over 2 metres in height may require a Building Permit. Check with Council's Building Unit on 9433 3243.

All fencing works must be undertaken in accordance with the requirements of the Fences Act 1968, including a signed agreement, prior to authorisation of a contractor to commence the works.