Nothing is more frustrating than glancing out your window and realising your neighbour has begun fencing works on the boundary line, without ever speaking to you about it. While this can feel confrontational, Victorian law provides clear rules about what neighbours can and cannot do when it comes to fencing. Under the Fences Act 1968 (Vic) (the Act), your neighbour cannot simply start works without following strict notice and agreement requirements. Here’s what the law says, and what you can do next.
Under the Act, your neighbour must first provide you with a fencing notice under s 13. This notice must set out key details including the type of fencing works proposed, the estimated cost, and how each neighbour is expected to contribute. Once a fencing notice is served, you have 30 days to respond.
If you do not respond within 30 days, or if your neighbour has made reasonable inquiries but cannot locate you, they may proceed with the works under s 19. However, even in this situation, they must still comply with all other requirements of the Act. Importantly, if you do respond to the notice and do not agree to the proposed works, your neighbour cannot proceed without your consent. In that case, either party may apply to the Magistrates’ Court for an order resolving the dispute under s 17. The Court can determine the fencing line, the type of works to be carried out, and the contribution each party must make.
Therefore, if your neighbour has started works without your agreement or without following the proper procedures, they are required to stop. If fencing works are carried out without notice, consent or a court order, you may file a complaint in the Magistrates’ Court under s 12, seeking an order that the works cease. When doing so, you can rely on the fact that the neighbour failed to provide a fencing notice, failed to obtain your agreement, or did not obtain an order from the Court. You may also argue that they did not make reasonable inquiries to locate you or obtain your agreement as required under ss 14 and 19.
Even in situations where urgent fencing works are required, for example, damage caused by a fallen tree, fire, or other safety concerns, the Act still requires your neighbour to give you an urgent fencing notice. If the parties do not reach agreement within 30 days, either may apply to the Magistrates’ Court for an order under s 25.
In all cases, your neighbour must comply with their legal obligations, and fencing works completed without proper notice or agreement may be open to challenge. If communication becomes difficult, you may also seek help from the Dispute Settlement Centre of Victoria (DSCV), which can assist in resolving fencing disputes without the need for litigation.
Fencing works can quickly escalate into stressful neighbourhood disputes, but Victorian law provides a clear framework to prevent exactly that. If your neighbour has begun works without following the correct process, you have firm rights under the Act to pause the works, challenge them, or seek the Court’s assistance. The key is to act promptly, communicate clearly, and ensure the statutory steps are followed. If you need support navigating the process or enforcing your rights, our team is here to help.
Please get in touch with Warlows Legal for more assistance.
