Are you planning a new fence in Adelaide?
Our guide explains how to apply the fencing laws in South Australia to make your project run smoothly. We’ll focus on the rights and obligations of both you and your neighbour, as well as how to handle cost sharing and disputes.
We’ll be referring to the Fencing Act 1975 (SA) and sourcing info from the SA.GOV.AU website, but in no way is our article legal advice. If need be, contact a lawyer to help with your specific situation. With the disclaimer out of the way, let’s make the legalities of fencing simple, so you can get your new build started!
Essential SA Fencing Laws
Fencing and property boundary laws are different in each Australian state.
In this section, we’ll legally define what a dividing boundary fence is in South Australia and outline the rights and obligations of you and your neighbour.
What is a dividing boundary fence?
Dividing fences are structures built to divide two properties.
Colorbond steel fencing has become the most popular boundary fence choice in recent years.
However, timber fences and other brands of steel fencing are still solid choices.
Regardless of the material, it’ll be classed as a dividing fence if built on a property boundary.
When fencing is built on the boundary between two properties, it’s jointly owned by both property owners.
Once the fence is up, it’s legally owned by you and your neighbour, regardless of who purchased it.
Your Rights and Obligations As a Boundary Fence Owner
Being a boundary fence owner in South Australia comes with rights, obligations, and responsibilities.
You’re about to learn what they are, so things can go smoothly with your neighbours!
Your Right To An “Adequate” Fence
You have the right to a decent fence dividing your land and your neighbours.
“Decent” and “adequate” mean the fence provides reasonable privacy, security, and marks the boundary. It could also mean what’s typical for the area you live in.
To clarify, you have the right to a solid dividing fence, but not the Taj Mahal of fencing.
If you want a flashier fence, you’ll be expected to pay the cost difference.
More on that further down.
Obligation To Contribute
If a dividing fence needs building, replacing, or repairing, both you and your neighbour are obligated to contribute to the cost.
In most cases, the obligation is half and half. 50/50.
In some cases, you may be obligated to pay more or less.
Are You Legally Required To Have a Fence?
Most people automatically think a fence is required by law.
Unless one of the properties features a pool, there is often no legal requirement for a fence as long as both neighbours are fine leaving the property open. A few months ago, we were making simple repairs to an elderly lady’s side fence.
We noticed the other side didn’t have any fencing whatsoever.
Out of curiosity, I asked if they were planning to put a fence there. She said no.
Turns out, the neighbours are long-time friends, and they like the sense of openness between their homes.
She told me they often speak to each other from the comfort of their outdoor areas.
So no, you’re not legally required to have a fence.
How To Plan Your New Fence – Simple Step-by-Step Guide
Now that you’re aware of your basic rights regarding fencing in South Australia, it’s time to plan your project. To stay compliant with the Fences Act, and to keep on your neighbours’ good side, we’ll guide you through the first steps to take before you schedule the tradies!
- Step 1: Talk To your Neighbour
- Step 2: Get Quotes
- Step 3: Formalise Your Fence Proposal
Step 1: Talk to Your Neighbour First
While there is a specific legal form you can use to propose fence work to your neighbour, there’s a better way to start:
Knock on their door and kick off the discussion positively!
A friendly, open chat is always the best way to start the fence discussion.
Simply tell them about the proposed fence work and ask for their feedback.
- Do they agree that the proposed work needs to be done?
- Do they accept the type of fence, colour, height, and other specifications?
- What about the project start date? Are they okay to start when you are?
If you can agree right off the bat, that’s great! Both you and your neighbour should follow up with a written summary to make the agreement rock solid.
Step 2: Understanding Costs & Quotes
Once you and your neighbour are on the same page about the fence work, it’s time to get a few prices and quotes!
We recommend getting 2 – 3 quotes from licensed fence builders for you to compare.
By getting more than 1 quote, you’re protecting yourself from being overcharged.
Have 2 – 3 quotes on your table before signing up with a fence company.
Then you can get a feel for the average market rate for your fence work and make the best choice.
Step 3: Formalising Your Proposal with a “Notice to Fence”
If you’ve tried to talk to your neighbour and can’t reach a clear, written agreement – Or if you need to formally seek a financial contribution – You can use the formal ‘Notice of Intention to Erect a Fence.’
This is often called “form 1”.
This is the legal form that starts the process formally under the Fences Act.
Some advice on what to include in the form:
- The type of fence you want to build or repair.
- Description of the proposed work.
- Quotes from contractors.
- The contribution you are requesting from your neighbour. (Usually 50/50)
How To Use Each Form
Form 1: Notice of Intention to Erect a Fence
- Use this form when you are building a completely new dividing fence.
Form 2: Notice of Intention to Perform Replacement, Repair or Maintenance Work
- Use this form when you are working on an existing fence.
Form 3: Cross-Notice
- This is the form your neighbour would use to formally respond to your notice. (More on this further down!
You can easily find these forms by searching for them on Google.
They can be found on SA Government websites, such as the Law Handbook SA or SA.GOV.AU.
They’re usually available as downloadable PDFs.
30-Day Response Period
Once you have completed the correct form, serve it to your neighbour.
To be safe, it’s best to either hand it to them in person or send it by registered post.
That way, you have proof that the notice was received.
This could help you later if things don’t go well.
From the date they receive the notice, your neighbour has 30 days to formally respond with an agreement or a Cross-Notice. If they do not respond, they are legally deemed to have agreed to your proposal and are liable for their share of the costs.
How To Respond To a Formal Fencing Notice
Your neighbour has just given you a proposed fence plan with a formal notice…
What do you do?
You have two options, which I’ll reveal in this section.
One of those options is NOT to ignore the notice.
As mentioned a few lines above, not responding is legally considered to be an acceptance of the proposal and your share of the costs.
Option 1: Agree to the Proposal
If you’re happy with the proposal, confirm it in writing.
This gives your neighbour proof that you’ve agreed to the costs, and it also legally binds the neighbour to build the type of fence you agreed to, at the agreed-upon cost.
By agreeing in writing, you’re better protected if your neighbour tries to make changes without your consent.
Or if they try to get more money out of you than agreed.
Option 2: Serve a “Cross-Notice” (Form 3)
Now, what if you DON’T agree to the proposed fence work and the cost?
In South Australia, you have the right to object to the fence work entirely or request changes.
A few examples:
- You might agree that a new fence is needed, but want to propose a different type of fence.
- You may disagree with the estimated costs and want to propose a lower, more reasonable price.
- You might not be available to start the project on the proposed timeline and want to suggest a different start date.
The legal way to do this is by serving a “Cross-Notice” (Form 3).
This form allows you to formally object to part or all of the proposal.
What If You Can’t Reach an Agreement?
The ideal situation is for both neighbours to agree on the type of fence and its cost-sharing plan.
If that can’t happen, consulting mediation services is a good next step.
This should be done before taking legal action, and should only be done after it’s made extremely clear that you and your neighbour can’t agree.
However…
We always recommend engaging in a friendly, open chat with your neighbour, even if it seems impossible to reach an agreement.
In many cases…
The person who wants the fence pays for it all themselves.
3 Fencing Rules You Must Know In Adelaide
Before wrapping up this article, let’s offer clarity on a few commonly asked questions about fencing laws in South Australia.
Do You Need Council Approval For Your Fence?
Most standard dividing fences do NOT require council development approval.
When approval IS typically needed:
- Fences above certain heights (2.1m generally).
- Masonry (brick, stone, etc.) fences over 1 meter high.
- Fences over 1 meter high within 6 meters of a road intersection.
- Pool fencing laws usually require specific approvals and inspections.
- Some council zones (e.g., heritage areas, coastal zones) can have additional requirements.
Your licensed South Australian fence builders know about local laws and will keep you out of trouble with the council.
Can You Build a Fence On Your Side Of The Boundary?
This is an option many homeowners consider, especially if a neighbour wants nothing to do with a fence replacement.
The answer is YES!
You can build a fence entirely on your own property and not on the boundary.
But…
The fence would be entirely yours and not jointly owned with the neighbour.
This means you’re 100% responsible for its maintenance, and the neighbour has no obligation to contribute costs to construction or repairs later down the line.
It can be an okay solution if you just need a fence and your neighbour isn’t interested.
Does Your Neighbour Need To Pay Half?
Your neighbour is only obligated to pay half the cost of an “adequate fence”, which generally means a fence that offers decent privacy and security.
Let’s say…
You want a 2.1m high Colorbond good neighbour fence with plinths and 100x100mm posts in between.
This would be a very expensive fence.
However, your neighbour just wants a basic timber fence.
Since the Colorbond option is way more than what’s considered “adequate”…
Your neighbour would not be obligated to pay for half that fence.
Instead, they would usually have to pay half the cost of what an ‘adequate’ fence would have cost.
You would then pay the difference for your desired higher-standard fence.
But this again depends on the exact situation.
As a general rule, expect to pay more if you desire a more expensive fence.
Hire Expert Fencing Contractors Who Know The Law
Non-compliant or unlawful fences can lead to demolition orders from the council.
If the fence isn’t built in the right spot or doesn’t comply with local regulations, there’s a chance you could receive a nasty letter in the mailbox. Even if the fence is built just a few millimetres too high, or a few off the boundary.
In this horrible situation, you’d have to pay the cost for the removal of the non-compliant fence…
PLUS the construction of a new fence.
Which is THOUSANDS of dollars out of your pocket unnecessarily!
Fence builders who don’t know the law will get you into this situation.
That’s why you need to hire fencing contractors who know about SA fencing laws. (Like us!)
Contact Calabria Fencing Adelaide for a free quote and expert advice!
You’re guaranteed to get a legally compliant, beautifully built fence at a great price.
Feel confident in our ‘defect-free’ guarantee, which obliges us to fix any issues with your fence at no extra cost.
In a situation where others would vanish, we show up and make it right!
>> Click here to get a no-obligation quote from Calabria Fencing <<
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