Dividing Fences in New South Wales: Notice, Cost and NCAT
In New South Wales, a dividing fence dispute starts with written notice under the Dividing Fences Act 1991 (NSW). If the neighbours cannot agree within one month, either can apply to the Local Court or the Civil and Administrative Tribunal (NCAT), which have concurrent jurisdiction.
Information last verified on 21 July 2026 against the primary legislation. This page presents general legal information, not legal advice.
Jurisdiction scope: This page covers dividing fences law in New South Wales only, under the Dividing Fences Act 1991 (NSW), verified 21 July 2026. It does not cover other Australian states or territories, each of which has its own Act; see the linked comparison page for those.
Governing law and forum
Dividing fences in New South Wales are governed by the Dividing Fences Act 1991 (NSW). Disputes are decided by the Local Court or the Civil and Administrative Tribunal (NCAT), which have concurrent jurisdiction under section 13. This is unusual; most other Australian jurisdictions send fencing disputes to only one forum. Section 13(2) also allows a pending application to be transferred from the Court to the Tribunal, or from the Tribunal to the Court, where it appears more appropriate given the subject matter.
Notice and the one-month response period
An owner who wants a dividing fence built, replaced or repaired must serve written notice on the adjoining owner under section 11, proposing the work and the contribution sought. Section 12(2) then gives the adjoining owner one month from that notice to reach agreement. If the owners do not agree within that month, either owner can apply to the Local Court or NCAT for an order determining how the fencing work is to be carried out. Section 12(1) also lets the owners attend a Community Justice Centre in an attempt to reach agreement, a free mediation option that does not require either owner to have already applied to the Court or Tribunal.
Cost sharing: equal for a "sufficient" fence
Section 7 sets the default: adjoining owners are liable to contribute in equal proportions to fencing work for a dividing fence "of a standard not greater than the standard for a sufficient dividing fence." An owner who wants a fence built to a higher standard is liable for the extra cost above that standard themselves. Section 8 addresses situations where fencing work is required because of a negligent or deliberate act, which can shift liability away from the strict equal-contribution default.
What the Local Court or NCAT can order
Once an application is made, the Local Court or NCAT can make an order determining the fencing work to be carried out, including the standard of fence, its location, and the contribution each owner must make. Section 14 covers the orders available, and section 15 allows enforcement of both agreements and orders. Section 18 sets out a separate procedure for defining the boundary line itself where that is unclear, which is a distinct question from the cost or standard of the fence.
If you cannot locate the adjoining owner
Section 17 covers a practical problem: what happens if the adjoining owner cannot be found to be served with a notice at all. An owner can apply to the Local Court or NCAT for an order, made in the other owner's absence, authorising the fencing work and setting out how contributions are to be apportioned. The Court or Tribunal can only make this kind of order if satisfied the applicant has made reasonable inquiries but has genuinely been unable to ascertain the whereabouts of the adjoining owner, so this is not a shortcut around giving notice where the neighbour is simply unresponsive rather than genuinely unable to be located.
Costs and recovering money owed
Section 23 lets the Local Court or NCAT award costs against either party in proceedings under the Act, so an application is not necessarily cost-free regardless of outcome. Where an adjoining owner is ordered to pay a contribution but does not, section 24 allows that money to be recovered as a debt in a court of competent jurisdiction, and a certificate from the Local Court or NCAT as to the making and contents of an order is itself evidence of the amount owed in later recovery proceedings. NCAT can also, on application, separately determine an amount an adjoining owner is required to pay, which streamlines recovery without a fresh full hearing on liability.
How New South Wales compares
New South Wales' concurrent Local Court/NCAT jurisdiction and its equal cost-sharing default put it broadly in line with Victoria, Queensland and the Northern Territory, though each of those uses a single forum rather than two. See dividing fences in Australia for the full comparison, and dividing fences in Victoria or dividing fences in Queensland for how a single-forum state runs the same basic process.
This page is general legal information about neighbour disputes in Australia, verified on 21 July 2026. It is not legal advice, and it does not cover every situation. For advice about your own dispute, consult a legal practitioner admitted in the relevant Australian state or territory.
Frequently Asked Questions
How much notice does my neighbour need to give before building a dividing fence in NSW?
The Act does not set a minimum notice period before the notice itself is served, but once a valid notice under section 11 is given, the adjoining owner has one month under section 12(2) to reach agreement before either owner can apply to the Local Court or NCAT.
Do I have to pay half the cost of a dividing fence in NSW?
Generally, yes, for a fence built to the standard of a "sufficient dividing fence" under section 7. If your neighbour wants a more expensive fence, they are generally liable for the extra cost above that standard themselves.
Which forum decides a fencing dispute in NSW, the Local Court or NCAT?
Either. Section 13 of the Dividing Fences Act 1991 gives the Local Court and NCAT concurrent jurisdiction, and a pending application can be transferred between them if that appears more appropriate.
Is there a free way to resolve a fencing dispute in NSW before going to court?
Yes. Section 12(1) allows adjoining owners to attend a Community Justice Centre to try to reach agreement, without either owner having to apply to the Local Court or NCAT first.
What happens if my neighbour builds a fence without giving me notice in NSW?
Section 8 of the Act deals with contribution where fencing work follows a negligent or deliberate act, and an owner who does not follow the Act's notice process can affect their own ability to recover a contribution later.
Can I be forced to pay for a fence I did not want in NSW?
You can generally be required to contribute equally to a "sufficient dividing fence" under section 7 if the process under the Act has been properly followed and the Local Court or NCAT makes an order to that effect.
Sources and References
- Dividing Fences Act 1991 (NSW) s 7, contribution as between adjoining owners generally(classic.austlii.edu.au).gov
- Dividing Fences Act 1991 (NSW) s 12, procedure when agreement not reached(classic.austlii.edu.au).gov
- Dividing Fences Act 1991 (NSW) s 13, jurisdiction of Local Court or Civil and Administrative Tribunal(classic.austlii.edu.au).gov
- Dividing Fences Act 1991 (NSW) s 17, application for order in absence of an adjoining owner(classic.austlii.edu.au).gov
- NSW Civil and Administrative Tribunal (NCAT)(ncat.nsw.gov.au).gov
- Local Court of New South Wales(localcourt.nsw.gov.au).gov