Fences

In many instances a Development Application may not be required for the installation of a fence. Please refer to Parts 1 and 2 of State Environmental Policy (Exempt and Complying Development Codes) 2008, to determine whether your fence is exempt from the need to obtain development consent. The Codes SEPP is available below. 

If in doubt, before starting works, contact Council Planning Division through: 03 5027 5027 or council@wentworth.nsw.gov.au

A dividing fence is a fence that separates the lands of adjoining owners.

The Dividing Fences Act 1991 commenced on 1 February 1992. The Act is about how the cost of a dividing fence is shared between adjoining land owners, where an owner wants to erect a dividing fence or wants work done on an existing dividing fence. It sets out only the minimum requirements, and owners may always agree to arrangements above those requirements.

Council is not involved in resolving disputes regarding dividing fences, however information on issues associated with Dividing Fences can be found at NSW Government Communities & Justice website.

Council can provide you with the contact details of a neighbouring property owner when the purpose of the request is to serve written notice to carry out fencing work in accordance with sections 11 and 21 of the Dividing Fences Act 1991 (NSW). Please note that if you are not the adjoining property owner, Council cannot provide you with the requested information.

How to apply

Complete the application form: Request for Information – Fencing  

This form requires you to complete a declaration confirming that you are requesting the information for the purposes of the Dividing Fences Act 1991.

You can submit the request:

  • via email: council@wentworth.nsw.gov.au
  • via Post – PO Box 81 Wentworth NSW 2648
  • in person at a Customer Service Centre – 61 Darling Street Wentworth or 3 Midway Drive Buronga

Related Links

NSW Govt Justice LawAccess: https://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_fences/lawassist_fences.aspx

Dividing Fences Act 1991: https://www.legislation.nsw.gov.au/#/view/act/1991/72/full

Related Documents

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008: https://www.legislation.nsw.gov.au/#/view/EPI/2008/572/full

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