How much notice do I have to give the adjoining owner?

It depends on the State or Territory. NSW Dividing Fences Act 1991 s 11 — 1 month before applying to NCAT or the Local Court. Victoria Fences Act 1968 — 30 days before applying to the Magistrates Court. Queensland Neighbourhood Disputes Act 2011 — 1 month negotiation window plus a 2-month QCAT application window after the Form 2 Notice to Contribute is served. WA and Tasmania — 21 days. SA — 30-day cross-notice window under Fences Act 1975 s 6. ACT and NT — equal-share default + tribunal review. Fencing work undertaken before the notice period expires is generally not recoverable.

Do I need a written quotation?

In Queensland — yes, by statute. The Form 2 Notice to Contribute under s 31 of the Neighbourhood Disputes Act 2011 (Qld) must be accompanied by at least one written quotation. In every other State, a written quotation is not strictly required by statute but is expected by every tribunal — without it, the adjoining owner can dismiss the cost as unreasonable and the tribunal has nothing concrete to test. Always obtain a written quotation from a licensed fencing contractor (typically free) and attach it to the notice.

What is a "sufficient dividing fence"?

A sufficient dividing fence is one that is reasonably adequate to divide the two properties having regard to their location, their use and the standard of fencing in the locality. The cost of a sufficient dividing fence is shared equally between the adjoining owners. If one owner wants a fence above that standard (taller, more expensive materials, decorative finishes), the cost above the sufficient standard generally falls on that owner. Anchoring the proposed fence to comparable fences on neighbouring properties is the standard way to establish sufficiency.

What if the adjoining owner refuses to contribute?

After the statutory response period expires, you may apply to the tribunal or court for orders — NCAT (NSW), the Magistrates Court (Vic, WA, SA, Tas), QCAT (Qld), ACAT (ACT) or NTCAT (NT). The tribunal can order the work to proceed, set the apportionment between the owners, fix the timing and award costs. A well-prepared notice with a written quotation, a clear statement of the sufficient-fence basis and a reasonable response window dramatically improves the prospects of recovering the contribution.

What if the existing fence has been damaged?

A dividing fence damaged by an event the owners did not cause (storm, fire, third-party action) is treated the same way as a fence at end of life — both owners share the cost of replacement. If one owner caused the damage (e.g. a tree on their property fell on the fence), they may be solely liable for the cost. If a third party caused the damage, the owners may share the cost of replacement and pursue the third party separately. Document the cause of the damage at the time it occurs.

Can I just build the fence and then send a bill?

No — that approach is not recoverable. Fencing work undertaken before a fencing notice is served, or during the statutory response period without the adjoining owner's agreement or a tribunal order, is generally not recoverable from the adjoining owner. The notice and the response period are jurisdictional preconditions. If you build first and then send a bill, the adjoining owner can lawfully refuse to pay and the tribunal will not order them to pay.

What about a colorbond fence?

Colorbond (or other premium materials) is generally considered an upgrade above the "sufficient" standard if the locality is predominantly timber paling. The proposing owner can build a colorbond fence but the adjoining owner is only required to contribute the cost of a sufficient dividing fence (typically half the cost of a 1.8 m paling fence). The proposing owner pays the difference. Where the locality is predominantly colorbond, the upgrade argument may not apply.

What about fences with retaining walls?

A retaining wall is generally not a dividing fence — it retains earth and is governed by different rules. If the retaining wall is on the boundary and supports both properties, both owners may share the cost; if it retains earth on only one property, that owner generally bears the cost. A separate fence above the retaining wall is governed by the dividing fences Act. Where the matter is complex (boundary in doubt, height difference, structural engineering required), obtain advice from a registered surveyor or building consultant.

PropertyAustralia

Fencing Notice to Contribute (Australia)

Every Australian State and Territory has its own dividing-fences Act setting out how a neighbour can be required to contribute to the cost of a sufficient dividing fence. The Act, the prescribed form (where any), the notice period and the forum all differ by jurisdiction — but every Australian fencing dispute follows the same broad structure: fencing notice → response period → tribunal or local court. Our free template is state-aware: it selects the right Act for NSW, Victoria, Queensland, Western Australia, South Australia, Tasmania, the ACT or the Northern Territory; cites the correct notice period (1 month NSW, 30 days Vic and SA, 21 days WA and Tas, equal-share default ACT); points to the correct forum (NCAT, Magistrates Court, QCAT, SAT, ACAT, NTCAT); and produces a formal Notice to Contribute that the adjoining neighbour cannot dismiss as a polite request.

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Fencing Notice — Notice to Contribute to Dividing Fence Work

Notice Under Dividing Fences Act 1991 (NSW) · 14 June 2026

Michael R. Patterson

12 Wattle Grove, Glebe NSW 2037

0412 558 942

michael.patterson@email.com.au

14 June 2026

Helena J. Costa

14 Wattle Grove
Glebe NSW 2037

FENCING NOTICE — DIVIDING FENCE CONTRIBUTION

12 Wattle Grove, Glebe NSW 2037 · New South Wales

Dear Helena J. Costa,

I am the owner of the property at 12 Wattle Grove, Glebe NSW 2037. This is a formal fencing notice proposing dividing-fence work on the common boundary between your property at 14 Wattle Grove, Glebe NSW 2037 and mine, and seeking your contribution to the cost in accordance with Dividing Fences Act 1991 (NSW).

THE PROPERTIES AND THE COMMON BOUNDARY

Owner (sender): Michael R. Patterson
Address: 12 Wattle Grove, Glebe NSW 2037
Telephone: 0412 558 942
Email: michael.patterson@email.com.au
Owner property: 12 Wattle Grove, Glebe NSW 2037 (Lot 7 in DP 12894)

Adjoining owner: Helena J. Costa
Adjoining property: 14 Wattle Grove, Glebe NSW 2037 (Lot 8 in DP 12894)

Proposed boundary line: the eastern boundary of 12 Wattle Grove / the western boundary of 14 Wattle Grove, running the full length of the rear yards from the front building line to the rear lane access
Governing law: New South Wales, Australia

THE PROPOSED FENCING WORK

Type of fence: capped 1.8 m hardwood paling fence on treated pine posts and rails
Approximate length: approximately 24 metres
Approximate height: 1.8 metres above ground level
Location: along the common boundary as described above

The proposed fence is intended to serve as a "sufficient dividing fence" between the two properties within the meaning of Dividing Fences Act 1991 (NSW).

Reason for the work: The existing capped paling fence on the boundary was erected in approximately 1998 and has reached the end of its serviceable life. Several palings are missing, two posts have rotted at ground level, and a section was knocked down by a storm in March 2026.

ESTIMATED COST AND CONTRIBUTION SOUGHT

Estimated total cost of the fencing work: 6,800.00 AUD
Contribution sought from you: 3,400.00 AUD
Basis of the contribution: half of the total cost (the default position for a sufficient dividing fence)

Under Dividing Fences Act 1991 (NSW), each adjoining owner is liable to contribute to the cost of a sufficient dividing fence on the common boundary unless the parties agree otherwise or a tribunal or court orders a different apportionment.

STATUTORY FRAMEWORK

Notice mechanism: a fencing notice is served on the adjoining owner under s 11 of the Dividing Fences Act 1991 (NSW); if no agreement is reached within 1 month, either owner may apply to NCAT or to the Local Court for orders deciding the line, the type of fence and the contribution; a neighbour is not liable to contribute if fencing work is started before a notice is served, or within the 1-month notice period without agreement or order.

Prescribed form: this notice is given as a Notice to Carry Out Fencing Work prepared in accordance with s 11 of the Dividing Fences Act 1991 (NSW).

Status of the existing fence: the existing dividing fence is dilapidated and beyond reasonable repair.
Two posts have rotted at ground level (one to the rear of the boundary, one approximately mid-fence). Approximately 14 palings are missing or broken. A 4-metre section adjacent to the rear lane was knocked down by a storm on 22 March 2026 and is currently propped up with star pickets.

Reason the works are necessary: The fence no longer constitutes a sufficient dividing fence and provides no privacy or containment for either property. A full replacement is more economical than repeated repairs to the existing fence.

FENCE SPECIFICATION AND SUFFICIENCY

Specification of the proposed fence:
Type: capped 1.8 m hardwood paling fence on treated pine posts and rails
Length: approximately 24 metres
Height: 1.8 metres above ground level
Materials: Class 1 treated hardwood palings (90 mm × 19 mm × 1800 mm) on H4-treated pine posts (100 mm × 100 mm × 2400 mm) at 2400 mm centres, with H3-treated pine rails (75 mm × 38 mm) and galvanised palings caps
Standard to be met: consistent with the standard of fencing in the immediate locality (capped 1.8 m paling fence) and the timber-fence guidance in the Australian Standards (AS 1604.1 timber preservation; AS 1684 timber framing)

Sufficient dividing fence: The proposed fence is consistent with the standard of fencing on adjoining properties in Wattle Grove and provides reasonable privacy and containment for both properties. It meets the standard of a sufficient dividing fence under s 4 of the Dividing Fences Act 1991 (NSW) and the relevant Inner West Council guidance.

COST BREAKDOWN AND APPORTIONMENT

Written quotation: Written quotation from Sydney Boundary Fencing Pty Ltd (NSW Builder Licence 268294C) dated 2 June 2026 attached to this notice; quotation includes removal and disposal of the existing fence, all materials, all labour and GST.
Materials: 2,900.00 AUD
Labour: 3,300.00 AUD
Removal / disposal of existing fence: 600.00 AUD
Total estimated cost: 6,800.00 AUD

Method of apportionment: equal contribution from each owner — the default position for a sufficient dividing fence
Contribution sought from you: 3,400.00 AUD

If you are willing to contribute a different amount, please reply to this notice in writing within the statutory response period and we will negotiate in good faith.

TRIBUNAL OR COURT PATHWAY AND ACCESS

Statutory response period: if no agreement is reached within 1 month after this notice is served, I may apply to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court for orders resolving the dispute.

Proposed start date: 21 July 2026 (subject to the statutory response period and to any tribunal or court orders).

Access arrangements: Access to both properties will be required for approximately 3 working days. The contractor will provide 5 business days advance written notice and will use the rear lane access for materials delivery to minimise disruption. The contractor carries $20 million public liability insurance.

Prior communications: I spoke with you informally on 18 May 2026 about the damaged section and you indicated you would think about your contribution. I have not received a written reply since then.

Reservation of rights: I reserve all rights under Dividing Fences Act 1991 (NSW) and at common law, including the right to recover the contribution sought as a debt if the tribunal or court so orders.

CLOSING

Please reply to this notice in writing within 1 month of the date of this letter, indicating whether you agree to the proposed work, the proposed cost and the contribution sought. If we cannot reach agreement within that period, either of us may apply to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court for orders resolving the dispute.

I would prefer to resolve this matter by agreement and look forward to your reply.

Yours sincerely,

Michael R. Patterson

OWNER

Michael R. Patterson

Date: ____________________

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What Is an Australian Fencing Notice?

A fencing notice (called a "Notice to Carry Out Fencing Work" in New South Wales, a "Fencing Notice" in Victoria and a "Form 2 Notice to Contribute" in Queensland) is the formal written notice a property owner serves on the adjoining owner proposing dividing-fence work on a common boundary and seeking a contribution to the cost. It is the statutory first step in every Australian dividing-fence dispute — without a valid fencing notice, the proposing owner cannot recover a contribution at the tribunal or court and may not be entitled to recover the cost at all.

Every Australian State and Territory has its own dividing-fences Act. New South Wales uses the Dividing Fences Act 1991 (NSW) s 11 — a 1-month notice period before either owner can apply to NCAT or the Local Court. Victoria uses the Fences Act 1968 (Vic) as amended by the Fences Amendment Act 2014 — a 30-day notice period before commencement of Magistrates Court Form 5A proceedings. Queensland uses the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) — the prescribed Form 2 Notice to Contribute under s 31, which must include the proposed work, estimated cost and a written quotation, followed by a 1-month negotiation window and a 2-month QCAT application window.

Western Australia uses the Dividing Fences Act 1961 (WA) — 21 days to the Magistrates Court. South Australia uses the Fences Act 1975 (SA) ss 5 and 6 — a 30-day cross-notice window before commencing an Originating Application in the Magistrates Court Minor Civil Claims Division. Tasmania uses the Boundary Fences Act 1908 (Tas) — 21 days for written objection before Magistrates Court proceedings. The ACT uses the Common Boundaries Act 1981 (ACT) with an equal-share default → ACAT. The Northern Territory uses the Fences Act 1972 (NT) → NT Community Justice Centre mediation → NTCAT. The right Act, the right notice period and the right forum are essential to produce a notice that is taken seriously.

The notice is also the formal record that the proposing owner has acted in good faith — the Australian fencing Acts entitle each adjoining owner to a "sufficient dividing fence" but require that the neighbour have a fair opportunity to agree, negotiate or refuse before tribunal proceedings are commenced. Our template combines all these elements into a single, state-aware document.

What's Covered in This Template

Our Australian Fencing Notice covers every element a State tribunal or court expects to see, with state-aware switching for the eight fencing Acts.

Your Details

Your name, address, contact details — the owner on the title for the proposing property.

Governing State (state-driven)

NSW / Victoria / Queensland / WA / SA / Tasmania / ACT / NT — selects the right fencing Act and forum.

Adjoining Owner

The owner of the neighbouring property — the owner, not the tenant, is liable to contribute.

The Two Properties

Property addresses, lot and title references, the boundary line that the fence sits on.

Proposed Fence

Type, materials, height, length, location — specific enough for the adjoining owner to evaluate.

Estimated Cost and Contribution

Total cost, contribution sought, basis (half each for a sufficient dividing fence, or other).

Expert: Statutory Framework

The state-aware Act, the notice mechanism, the prescribed form (where any) and the response period.

Expert: Fence Specification

Materials, Australian Standards (AS 1604.1 timber preservation, AS 1684 timber framing) and the "sufficient dividing fence" basis.

Expert: Cost Breakdown

Written quotation (mandatory in Queensland), materials, labour, removal and disposal, method of apportionment.

Expert: Tribunal Pathway

NCAT, Magistrates Court, QCAT, SAT, ACAT or NTCAT — the state-aware forum, the application window and access arrangements.

Closing and Response Window

A clear request for written response within the statutory response period.

Owner Signature

OWNER signature block.

How to Create an Australian Fencing Notice

Follow these steps to produce a state-aware fencing notice that the adjoining owner cannot dismiss as a polite request.

1
Identify Yourself and the State
Enter your name, address and contact details, the property address and the State or Territory. The State selects the fencing Act, the notice period and the tribunal pathway.
2
Identify the Adjoining Owner
Enter the adjoining owner's name (from the land title — the owner, not the tenant) and the address for service. If the property is owned in joint names, name all owners.
3
Describe the Properties and the Boundary
Enter the two property addresses, lot and title references, and the boundary line the fence will sit on. A specific boundary description avoids later argument about where the fence belongs.
4
Specify the Proposed Fence
Type, materials, length and height. Specific enough for the adjoining owner to evaluate — a colorbond fence costs differently than a paling fence.
5
Set the Cost and Contribution
The estimated total cost and the contribution you are seeking. The default for a sufficient dividing fence is half each; an upgrade (taller, more expensive materials) is generally at the proposing owner's cost.
6
Add the Statutory Framework (Expert)
The state-aware Act, the notice mechanism, the prescribed form (where any) and the response period — anchored to the right State.
7
Add the Cost Breakdown and Quotation (Expert)
Written quotation (mandatory for the Queensland Form 2 Notice to Contribute, expected by every tribunal), line-item materials and labour, method of apportionment.
8
Add the Tribunal Pathway (Expert)
NCAT, Magistrates Court, QCAT, SAT, ACAT or NTCAT, the application window, access arrangements and any prior communications with the adjoining owner.

Why Doxuno documents are different

Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.

Accurate

Country-specific legal content

Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.

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Always current with the law

Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.

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Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.

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Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.

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Legal Considerations

Australian dividing-fence law is robust — but the notice and the response window are jurisdictional preconditions. Get them wrong, and the tribunal application can be defeated on procedural grounds.

This template is for informational purposes only and does not constitute legal advice. The State and Territory fencing Acts differ in detail and the procedural rules are strict. For substantial fencing works or contested boundaries, obtain advice from an Australian solicitor or your State Magistrates Court / tribunal information service.

Reviewed for Australian dividing-fences law

The Sufficient Dividing Fence Standard

Every Australian fencing Act entitles each adjoining owner to a sufficient dividing fence — a fence that is reasonably adequate for the location, the use of the land and the standard of fencing in the locality. The default contribution for a sufficient dividing fence is half each. If the proposing owner wants a fence above that standard (taller, more expensive materials, decorative finishes), the cost above the sufficient standard is generally at the proposing owner's cost. Anchoring the proposed fence to the "sufficient" standard in the locality — and citing comparable fences on neighbouring properties — pre-empts any argument about an upgrade.

The Statutory Response Period

Each State and Territory sets a strict response period before tribunal proceedings can be commenced: 1 month (NSW, Qld), 30 days (Vic, SA), 21 days (WA, Tas), or as set out in the relevant Act. Fencing work undertaken before the notice is served, or during the response period without agreement or court order, is not recoverable from the adjoining owner. Wait the full response period before commencing works, unless the adjoining owner agrees in writing.

The Queensland Form 2 Requirement

Queensland is the only mainland State to require a prescribed form: the Form 2 Notice to Contribute under s 31 of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld). The Form 2 must specify the proposed work, the line, the estimated cost and must be accompanied by at least one written quotation. A QCAT application without a valid Form 2 will be dismissed; the other States do not require a prescribed form, but every tribunal expects a written quotation.

Access and Insurance

Access to both properties is generally required for fencing works. The contractor must carry adequate public liability insurance (typically $20 million for residential work). Make access arrangements clear in the notice — typically: business hours Monday to Friday, with 5 business days advance written notice, using the rear or side access where possible. A reasonable access proposal pre-empts the adjoining owner refusing the works on access grounds.

Frequently Asked Questions

Serve a State-Aware Fencing Notice Today

Select the State or Territory, identify the adjoining owner and the boundary, describe the proposed fence and produce a formal Notice to Contribute with the right statutory framework, the correct response period and a clear tribunal pathway — ready to serve. Cross-link to the Doxuno Australian Tree Dispute Notice and Strata By-Law Breach Notice templates for the related neighbour-dispute frameworks.

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