If you must make upgrades to a shared boundary fence in order to comply with the scheme, you should try to come to an agreement with your neighbour about the upgrade and the cost splitting arrangements.
Where there are disputes relating to shared boundary fences that cannot be resolved between neighbours, there is the option for the dispute to be brought to the ACT Civil and Administrative Tribunal (ACAT) for a determination. The ACAT can make determinations in relation to both fence repair/replacement and cost splitting arrangements.
The Common Boundaries Act 1981 allows neighbours to apply to the ACAT for a determination for building, repairing or replacing a common boundary fence when they cannot agree.
The Common Boundaries Regulation 2024 prescribes matters to be taken into account by the ACAT in making a determination relating to a boundary fence which makes up part of a safety barrier for a regulated swimming pool.
