If you've ever replaced a boundary fence, you've probably had the conversation with your neighbour about who pays. Sometimes it's straightforward — you both agree, you split the cost, the fence goes up. But sometimes your neighbour doesn't respond, or they want something different, or they flat-out refuse to contribute. That's when things get complicated.
The Dividing Fences Act 1961 is the WA law that covers all of this. It sets out who pays, how much, what happens when you can't agree, and what to do if your neighbour won't engage at all. It's not a long piece of legislation, but it's written like one — so here's the whole thing in plain English.
This guide is written for both homeowners and contractors. If you're a tradie, your customers ask about this on almost every boundary fence job. If you're a homeowner, you're probably reading this because the neighbour conversation didn't go the way you expected.
What Is a "Sufficient Fence"?
This is the term that underpins the whole Act, so it's worth understanding properly.
A "sufficient fence" is the minimum standard of dividing fence for your area. It's not a one-size-fits-all definition — each local council in WA sets its own standard through a fencing local law. In most Perth metro residential areas, a sufficient fence is typically a 1.8 metre non-masonry fence (think Colorbond, timber, or PVC). But it varies by council, and some councils define it differently for rural, commercial, or industrial zoned land.
The reason this matters is that the cost-sharing rules in the Act are based on the cost of a sufficient fence. If you and your neighbour agree to build a sufficient fence, you split the cost equally. If one of you wants something more expensive than a sufficient fence, the cost-sharing calculation changes (more on that below).
How to find your council's definition: Call your local council's building or planning department and ask what constitutes a "sufficient fence" for your property's zoning. If your council hasn't passed a fencing local law (some smaller shires haven't), the Act falls back to a default definition: a substantial fence that is ordinarily capable of resisting the trespass of cattle and sheep — which isn't particularly helpful in suburban Perth, but that's what the legislation says.
Who Pays for a Dividing Fence?
The general rule is simple: the cost of building or repairing a sufficient dividing fence is shared equally between the owners of the land on each side.
That's the baseline. Here's where it gets more nuanced.
Both neighbours agree on a sufficient fence
You split the cost 50/50. This is the most straightforward scenario and, fortunately, the most common one.
One neighbour wants something better than sufficient
If you want a fence that exceeds the standard of a sufficient fence — say you want PVC privacy fencing when a standard timber paling fence is sufficient for your council area — your neighbour is only obligated to pay half the cost of a sufficient fence. You pay the difference.
For example, if a sufficient fence costs $3,000 and the PVC fence you want costs $5,000, your neighbour's share is $1,500 (half of the sufficient fence cost) and you pay $3,500 (your half plus the $2,000 upgrade).
One neighbour wants something cheaper
If your neighbour wants to go with the cheapest option that meets the sufficient fence standard and you're happy to do the same, that's fine. But if the existing fence is below the sufficient standard — or there's no fence at all — either owner can require the other to contribute to a sufficient fence. Your neighbour can't force you to accept a fence that's below the council's minimum standard.
You agree on something different
An agreement between neighbours overrides the Act. If you both agree in writing to a particular fence, a different cost split, or any other arrangement, that agreement takes priority. This is always the best path — put it in writing, keep a copy, and you're covered.
The Notice Process — Step by Step
If you want to build a new dividing fence or repair an existing one and your neighbour hasn't agreed voluntarily, the Act sets out a formal notice process. Here's how it works.
Step 1: Give written notice
You need to give your neighbour written notice of your intention. The notice must be signed by you and delivered either in person or by registered post.
For a new fence or replacement, your notice should describe the type and standard of fence you're proposing and request that your neighbour contribute to half the cost.
For repairs to an existing fence, the notice needs to describe the kind and extent of repairs to be made. The Act requires you to state one of the following options:
- You're prepared to repair the fence and pay half the cost, if your neighbour also pays half.
- You'll allow your neighbour to do the repairs, and you'll pay half the cost.
- You'll pay half the cost of having a third party do the repairs.
It's a good idea to include a quote from a fencing contractor so your neighbour can see exactly what's being proposed and what the cost will be.
Step 2: Wait for a response
Your neighbour has a reasonable period to respond. If you're making a claim for costs on a fence already built, the Act specifies one month. For a notice to contribute to new fencing or repairs, common practice is to allow at least 21 days, though the Act doesn't specify an exact number of days for all notice types. Be reasonable — give them enough time to consider the proposal and get their own quote if they want one.
Step 3: If they agree
Great. Get the agreement in writing, organise the work, and split the costs as agreed. Both owners are expected to fulfil their obligations within the agreed timeframe, or within three months if no time is specified.
Step 4: If they don't respond or refuse
This is where the dispute resolution process kicks in, which is covered in the next section.
Keep records of everything. Every notice, every letter, every text message. If the matter ends up in the Magistrates Court, the court will want to see that you followed the process properly and gave your neighbour a fair opportunity to respond.
What If the Neighbour Says No?
If your neighbour refuses to contribute, doesn't respond to your notice, or you simply can't agree on what type of fence to build, there's a clear path to follow. It escalates in stages.
1. Try to negotiate
Before anything formal, try having a conversation. Many fence disputes come down to a misunderstanding about costs, timing, or what the fence will look like. Sometimes showing your neighbour a quote and a picture of what you're proposing is all it takes.
2. Send the formal written notice
If talking doesn't work, send the written notice described above. Deliver it in person or by registered post so you have proof it was received.
3. Try mediation
If the notice doesn't resolve things, mediation is a practical next step before going to court. The Citizens Advice Bureau of WA offers a community mediation service with trained, accredited mediators. In some council areas, this mediation is free for residents — check with your local council or the CAB directly to see if your area qualifies.
Mediation is voluntary (both parties have to agree to attend), but it's worth suggesting. It's faster, cheaper, and less stressful than court, and the mediator helps you and your neighbour work out an agreement that suits both of you.
4. Apply to the Magistrates Court
If negotiation, written notice, and mediation have all failed, you can apply to the Magistrates Court for an order. The form you need is Form 53 — Application Under Conferring Act, which is available on the Magistrates Court website.
You lodge the application at the Magistrates Court closest to where the fence is (or will be). There's a filing fee — check the court's website for current fees.
The court can make orders about:
- Whether a fence should be built or repaired.
- What type of fence it should be.
- How the costs should be split between the owners.
- The timeframe for the work to be completed.
When making its decision, the court considers the type of fence typically built in the area, how the land on each side is used, and any relevant local laws about fencing standards.
5. If you've already built the fence
If you went ahead and built a sufficient fence without your neighbour's agreement, the Act still allows you to claim half the value from them. You must give them written notice of the claim (signed, delivered in person or by registered post), and they have one month to pay. If they dispute the claim or refuse to pay, you can apply to the Magistrates Court to determine the amount owed.
However, this is a riskier path. If the fence you built exceeds the sufficient standard, you can only claim half the value of a sufficient fence — not half of what you actually spent. And the court may take into account that you didn't give proper notice before building. The formal notice process exists for a reason, and it's always better to follow it.
What If the Neighbour Is a Tenant?
If the property next door is rented out, the Dividing Fences Act deals with owners, not tenants. Your legal obligation to contribute to a dividing fence sits with the property owner, so that's who you need to deal with.
In practice, this means you need to find out who owns the property next door and direct all notices to them. The tenant has no obligation under the Act to contribute to the cost of a dividing fence, unless their lease is for five years or more — which is uncommon for residential tenancies in WA.
If you don't know who owns the property, you can:
- Ask the tenant for the landlord's name and contact details, or the name of the property manager.
- Do a title search through Landgate (the WA land registry) to find the registered owner. You can do this online through Landgate's website for a small fee.
A note on tenant liability: If a tenant (or someone they've allowed onto the property) damages a dividing fence, the owner of that property is responsible for the cost of repairs — not the tenant directly under the Act. However, the landlord may have their own claim against the tenant under the tenancy agreement. That's between them.
What If the Land Next Door Is Vacant?
Vacant land is a common scenario in Perth's outer suburbs and new developments. Here's how the Act handles it.
You can build a dividing fence along the boundary with vacant land, but the owner of the vacant land is not obligated to contribute to the cost until one of the following happens:
- They complete a substantial building or structure on the land.
- They occupy a building or structure on the land.
- They allow someone else to occupy a building or structure on the land.
Once any of those conditions are met, you can give the owner written notice claiming half the value of the fence — estimated at the date of the claim, not the date you built it.
There are two important things to be aware of. First, if you sell your property before making a claim, you lose the right to claim — it doesn't transfer to the new owner. Second, the claim is for half the value of a sufficient fence at the date of the claim, which may be less than what you originally spent if the fence has aged or if you built something above the sufficient standard.
What About Retaining Walls?
This is where the Dividing Fences Act reaches its limits, and it catches a lot of people off guard.
Retaining walls are not covered by the Dividing Fences Act. If the ground level is different on each side of the boundary — which is common on Perth's hilly blocks and in areas with sand cuts — the retaining wall and the dividing fence are treated as separate structures under separate rules.
The general principle is that the person who changes the natural ground level is responsible for the retaining wall. If your neighbour excavated their block and now there's a height difference, the retaining wall is their responsibility. If a developer cut the land before either of you moved in, it gets more complicated and may require legal advice.
The dividing fence itself — the part above the retaining wall — is still subject to the Dividing Fences Act and the normal cost-sharing rules. But the height of the fence is usually measured from the higher side of the ground, and the combined height of the retaining wall and fence (measured from the lower side) may be subject to building regulations and council requirements.
Retaining walls are complicated. If you're dealing with a boundary where ground levels are different, talk to your local council's building department before you start. Retaining walls above 500mm typically need a building permit and structural engineer sign-off, and the rules about who pays can depend on the specific circumstances of how the land was altered. Getting legal advice early is a good idea — it's cheaper than getting it wrong.
Damage and Negligence
When a dividing fence is damaged and needs repair, the default rule is the same as for construction: both owners share the cost equally.
But there's an important exception for negligence.
If the fence is damaged by a tree falling from one neighbour's property, and there's an element of negligence on that neighbour's part — for example, the tree was obviously dead or leaning and they failed to deal with it — then the owner of the land where the tree stood is responsible for the full cost of repairing or replacing the fence.
The key word is negligence. If a healthy tree comes down in a storm and damages the fence, that's generally treated as an act of nature and the repair costs are shared equally. But if your neighbour's dead gum tree has been leaning over the fence for years and you've asked them to deal with it, and it finally falls and takes the fence out, they're on the hook for the full cost.
The same principle applies if one neighbour (or their tenant) causes damage to the fence through their own actions — they're responsible for the full repair cost.
If the fence is simply deteriorating from age and weather, that's normal wear and tear and the repair costs are shared equally regardless of which side looks worse.
Common Scenarios
These are the situations that come up repeatedly — on site for contractors and in neighbour conversations for homeowners.
"My neighbour wants Colorbond, I want PVC — who decides?"
Neither of you gets to unilaterally decide. If you can't agree, the starting point is your council's definition of a sufficient fence. If both Colorbond and PVC meet the sufficient standard (and in most Perth councils, they do), then you need to negotiate.
If your neighbour only wants to pay for a Colorbond fence and you want PVC, one option is for you to pay the difference between the cost of a sufficient Colorbond fence and the PVC fence. Your neighbour contributes half the Colorbond cost, you contribute the rest. It's the same principle as the "better than sufficient" rule described above.
If you genuinely can't agree, either of you can apply to the Magistrates Court, which will make a decision based on what's typical in the area and what's reasonable.
"The fence is falling down but my neighbour won't respond"
Follow the formal process. Send a written notice (signed, by registered post) describing the repairs needed and offering the three options required by the Act. Give them at least 21 days. If they still don't respond, try mediation through the Citizens Advice Bureau. If that doesn't work, apply to the Magistrates Court using Form 53.
In the meantime, if the fence is a safety issue (leaning into a footpath, pool barrier compromised, etc.), contact your local council. They may issue a notice to the property owner requiring the fence to be made safe.
"My neighbour built a fence without telling me and wants me to pay half"
Under the Act, a neighbour who builds a sufficient fence without your agreement can still claim half the value from you. However, this is half the value of a sufficient fence as estimated at the date of the claim — not half of whatever they chose to spend. If they built something more expensive than necessary, you're only liable for half the sufficient fence cost.
You have one month from receiving the written claim to either pay or provide a written response disputing the amount. If you believe the claim is unreasonable (for example, the old fence was perfectly fine and didn't need replacing), you can dispute it and, if necessary, the matter can go to the Magistrates Court for determination.
"We're on a corner and the 'dividing fence' faces the street"
The Dividing Fences Act applies to fences that divide the land of different owners. A fence on the boundary between your property and a neighbouring property is a dividing fence, even if that boundary runs along a street frontage on a corner lot.
However, a fence between your property and public land (the road reserve, a footpath, a park) is not a dividing fence — it's a boundary fence between you and the local council or state government, and different rules apply. Your council's fencing local law and the Residential Design Codes (R-Codes) govern what you can build on a street frontage, including height limits and permeability requirements.
On a corner lot, you typically have a primary street frontage and a secondary street frontage. The fence along the secondary street is subject to your council's front fence rules, not just the Dividing Fences Act. Check with your council before building.
What Contractors Should Know
If you're a fencing contractor, you'll be across most of this already. But the neighbour conversation is where jobs stall, quotes expire, and customers get frustrated. Here's how to handle it.
Don't get in the middle of the dispute
Your job is to quote the fence, supply the materials, and install it (or supply and advise if the customer is doing it themselves). The neighbour negotiation is between the property owners. If your customer's neighbour is being difficult, point them toward this guide, the Citizens Advice Bureau, and the formal notice process. Don't try to mediate it yourself — it's not your role, and it can put you in an awkward position.
Provide a clear, detailed quote
A good quote makes the neighbour conversation easier. Break it down: materials, labour, removal of the old fence if applicable, and the total. When your customer shows this to their neighbour, it builds confidence. Vague quotes create arguments.
Know the sufficient fence standard for the council area
If your customer is having trouble getting their neighbour to agree, knowing what the council considers a "sufficient fence" gives you something concrete to work with. You can show the customer (and their neighbour) what the minimum standard is and price the job accordingly.
Be prepared for the "who pays" question
Almost every boundary fence quote leads to this question. Have a straightforward answer ready: "Under the Dividing Fences Act, you and your neighbour generally split the cost 50/50 for a standard fence. If you want something above the minimum, your neighbour pays half the minimum and you cover the rest." That's the conversation in 20 seconds.
Flag the notice process early
If the customer mentions they haven't spoken to their neighbour yet, or the neighbour is likely to be difficult, let them know about the formal notice process before they commit to the job. A customer who understands the 21-day wait, the potential for mediation, and the Magistrates Court option is a customer who won't blame you when the project takes longer than expected.
For Probuild trade partners: If a customer's boundary fence project is stalled because of a neighbour dispute, that's a good time to suggest they sort out the neighbour side first. You can still provide a quote for when it's resolved — and having a clear quote ready actually helps the customer move through the notice process, because they can attach it to the written notice.
How PVC Fencing Helps Avoid Future Disputes
Once the fence is up, you want it to stay up and stay looking good — without creating new arguments down the track. This is one area where PVC has a genuine advantage.
No maintenance arguments
One of the most common sources of ongoing fence disputes is maintenance. With timber, someone has to paint or stain it — and the conversation about who pays for that, who organises it, and whose side looks worse comes up every few years. PVC doesn't need painting, staining, or sealing, so there's nothing to argue about.
Consistent appearance on both sides
PVC fencing looks the same on both sides. There's no "good side" and "bad side" debate that you get with some timber and Colorbond styles. Both neighbours get the same finish, which removes another common source of friction.
Long lifespan reduces replacement disputes
PVC fencing is built to last. That means the "the fence needs replacing and I don't want to pay for it again" conversation is pushed well into the future. When the fence is still in good condition after 15 or 20 years, there's simply nothing to dispute.
Handles WA conditions without deteriorating
Perth's combination of strong UV, coastal salt air, and summer heat takes a toll on fencing materials. PVC is UV-stabilised and won't rust, rot, or corrode, which means it maintains its appearance and structural integrity without intervention. A fence that doesn't deteriorate is a fence that doesn't generate repair disputes.
Useful Contacts
| Legal Aid WA | 1300 650 579 | legalaid.wa.gov.au |
| Citizens Advice Bureau WA | (08) 9325 4121 | cabwa.com.au |
| CAB Mediation Service | (08) 9325 4121 | mediation@cabwa.com.au |
| Magistrates Court of WA | magistratescourt.wa.gov.au (Form 53 available here) |
| WA Government — Dividing Fences Guide | wa.gov.au/dividing-fences |
| Dividing Fences Act 1961 (full text) | legislation.wa.gov.au |
| Landgate (title searches) | landgate.wa.gov.au |
| Your local council | Contact your council's building or planning department for the sufficient fence definition in your area |
Need help with a boundary fence project? If you're sorting out a dividing fence and want to know what PVC options are available, give us a call. We can talk you through the range, help you work out what suits your property, and if you need an installer, we'll connect you with someone who knows the product inside out.
This guide is based on the Dividing Fences Act 1961 (WA) and publicly available information from Legal Aid WA, the Citizens Advice Bureau, the Magistrates Court of WA, and the WA Government as at March 2026. Laws can change, and every situation is different — if you're dealing with a complex dispute, get independent legal advice. Probuild PVC Fencing is not a legal authority and this is general guidance only.
