If you want to build a fence or freestanding wall, there are a few things to consider. There are rules about how high the fence can be, and you might need development application (DA) approval.
You also need to think about:
- the types of materials you use
- how the fence's location affects the materials you use
- ownership and costs shared with neighbours, and
- maintenance.
Approvals
Fences and free-standing walls are Class 10 structures. Sometimes you might not need DA approval if they meet certain parts of the Planning (Exempt Development) Regulation 2023 (the regulations).
The Common Boundaries Act 1981 also specifies general requirements and dispute resolution mechanisms for fences. DA Exemptions
You don't need DA approval to:
- grow and maintain a hedge
- put up property demarcation treatments up to 400mm above natural ground level
- repair or replacement a fence if it's the same as the approved original, and
- build side or rear boundary fences between neighbours up to 2.3m above natural ground level, located behind the front building line.
Generally, fences facing the street in residential areas are not allowed. You may be allowed to have property demarcation such as hedging.
Read the specific DA exemption criteria for:
You may wish to do a survey to build the fence in the correct location and avoid making any encroachments.
BA exemption
You won't need building approval for most fences and walls. But you may want to do a survey to build the fence in the correct location and make no encroachments.
Read the specific BA exemption criteria for:
Ownership and costs
Under the Common Boundaries Act 1981 you and your neighbours must have a discussion before you replace or repair a shared fence. This might cover:
- the financial arrangements
- type and
- colour.
The ACT Government does not contribute to the cost of building or maintaining fences. The private property owner is responsible to pay for, build and maintain their fences. All front fences including fences to open space are built and maintained at the cost of the owner.
If you're a private property owner, you must negotiate with your neighbours (side or rear). Each neighbour each pay for half the cost and maintenance of the relevant fence. A basic urban fence is 1.5m high and made of hardwood palings. You can build other eligible fence types if you and your neighbours agree on the design and cost beforehand.
The Territory Planning Authority will not be part of these discussions or agreements. If you and your neighbour can't agree, you can:
- contact the Conflict Resolution Service, or
- apply to ACT Civil and Administrative Tribunal (ACAT).
Lodge a DA
You will need to lodge a DA for your fence if:
- it doesn't meet the exemption criteria
- you want to build a 'front' fence or
- you want to build a new fence between private property and unleased Territory land and the fence is not a development requirement for the block (e.g. a condition of development approval or a lease).
