Open space boundary fences

Exemptions from development and building approval may apply to certain open space boundary fences (boundary between leased and unleased land, eg rear of land bordering on nature reserve) provided they comply with relevant provisions of Regulations. Examples include parklands and residential blocks, pedestrian laneways and residential blocks, side boundaries of corner blocks.

Exemptions from development approval

The development does not need development approval if it complies with relevant provisions of the Planning and Development Regulation 2008, Schedule 1. The following is a summary of the provisions and is correct as of the date the web page was last updated - scroll to the bottom of the web page to find this - however the Regulation's Schedule may been updated since then. In summary, the development is exempt provided that:

  • a development requirement for the block requires the building of a basic paling fence for the boundary
  • it is not more than 1.85m above natural ground level
  • no part diverts or concentrates the flow of surface water in a way that causes ponding or onto other land
  • it complies with relevant general exemption criteria
  • it is a basic paling fence or a metal fence
  • for a metal fence:
    • it is of unperforated metal
    • it is finished in a precoloured proprietary finish
    • it is used in accordance with the manufacturer's instructions
    • all sharp edges of metal sheets are capped
    • for any one side of the fence, panels are the same material, flatness and corrugation (if any); and all visible components (other than fasteners, footings and cut ends of components) are the same external colour as the panels
    • colour is a solid colour that is, or closely matches, a colour in the table below
    • the form, finish and colour is the same for the full length of the open space boundary for the block for that side of the fence.

 See definitions to understand the terms in italics.

Exemptions from building approval

The development does not building approval if it complies with relevant provisions of the Building (General) Regulation 2008, Schedule 1. The following is a summary of the provisions and is correct as of the date the web page was last updated - scroll to the bottom of the web page to find this - however the Regulation's Schedule may have been updated since then. In summary, the development is exempt provided that it:

  • is not forming an integral part of a required enclosure for a swimming pool
  • is not more than 1.8m above  ground
  • is not more than 2m above ground if:
    • no masonry or concrete components (other than cement sheet products) are more than 1.8m above ground
    • is not part of a roofed building or retaining wall
  • is not more than 3m above ground if:
    • no masonry or concrete components (other than cement sheet products) are more than 1.8m above ground
    • it complies with the exempt building code.
  • will not affect the structural integrity of any part of a building for which a Certificate of Occupancy or other certificate under the Building Act 2004, part 5, has been issued
  • will not affect a fire-rated wall, ceiling or floor
  • will not affect a ventilation or air-handling system, fire protection system or other mechanical service; it will not affect a fire escape, emergency lift, stairway, exit or passageway to an exit
  • will not affect the natural light of ventilation available to a building for which a certificate under the Act, part 5, has been issued
  • will not affect the building in a way that reduces its compliance with the Building Code to a level that is less than the minimum requirements of the Code
  • does not involve handling asbestos or disturbing friable asbestos (other than minor maintenance work, i.e. low-speed or hand-drilling, sealing, painting, coating if done personally by the owner or occupier of the premises).

No building approval, licence, notice, certifier, plans, inspections, certificates, design or construction standards required under the Building Act 2004.

Permitted open space boundary fence colours

Permitted colour reference under AS 2700 (Colour Standards for General Purposes)

1- B53 (Dark Grey Blue)  21 - N64 (Dark Grey)  42 - X52 (Coffee)
2 - G14 (Moss Green)    22 - N65 (Graphite Grey) 43 - X53 (Golden Tan)
3 - G15 (Rainforest Green) 23 - P42 (Mulberry)  44 - X54 (Brown)
4 - G16 (Traffic Green)   24 - P52 (Plum)   45 - X55 (Nut Brown)
5 - G23 (Shamrock)  25 - R44 (Possum)  46 - X61 (Wombat)
6 - G24 (Fern Green)  26 - R45 (Ruby) 47 - X62 (Dark Earth)
7 - G25 (Olive)  27 - R52 (Terra Cotta)   48 - Y44 (Sand)
8 - G34 (Avocado) 28 - R53 (Red Gum)   49 - Y45 (Manila)
9 - G52 (Eucalyptus) 29 - R54 (Raspberry)  50 - Y51 (Bronze Olive)
10 - G53 (Banksia)   31 - R62 (Venetian Red) 51 - Y52 (Chamois)
1 -1 G54 (Mist Green)  32 - R63 (Red Oxide) 52 - Y53 (Sandstone)
12 - G55 (Lichen) 33 - R64 (Deep Indian Red) 53 - Y54 (Oatmeal)
13 - G56 (Sage Green)   34 - T14 (Malachite) 54 - Y55 (Deep Stone)
14 - G62 (River Gum) 35 - T51 (Mountain Blue) 55 - Y56 (Merino)
15 - G64 (Slate)  36 - T53 (Peacock Blue) 56 - Y62 (Sugar Cane)
16 - G65 (Ti-Tree) 37 - X41 (Buff) 57 - Y63 (Khaki)
17 - G66 (Environment Green)  38 - X42 (Biscuit) 58 - Y65 (Mushroom)
18 - N54 (Basalt)   39 - X43 (Beige) 59 - Y66 (Mudstone)
19 - N55 (Lead Grey)  40 - X45 (Cinnamon)
20 - N63 (Pewter)   41 - X51 (Tan)

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