Fencing sits at the intersection of your property, your neighbour's, and your council's rules, so a little legal homework before you build saves a lot of grief later. Most of the law is set state by state, so the specifics depend on where you are, but the shape of it is consistent across the country. Here is what to understand, with the caution that you should always confirm the current rules with your own state authority and council.
Boundary responsibilities and who pays
A fence on a shared boundary is a "dividing fence", and the law generally expects neighbours to share the cost of a reasonable one. In NSW, the Dividing Fences Act 1991 (NSW) sets out how that works, including notice requirements and what happens if you cannot agree. Other states have their own equivalents, such as Queensland's Neighbourhood Disputes (Dividing Fences and Trees) Act and Victoria's Fences Act, which broadly emphasise equal cost-sharing for a standard dividing fence. The practical lesson is the same everywhere: talk to your neighbour and agree the fence and the split in writing before work starts.
Height and material rules
Allowable heights and materials vary by state, territory and council. As a rough guide, front fences are often held to lower heights than side and rear boundaries, and many boundary fences up to a set height can be built without separate approval as exempt development. Because the thresholds differ and change, do not rely on a number from a blog: check your council and, in NSW, the NSW Planning Portal for the current exempt-development rules and any heritage or conservation overlay that might apply to your street. Some areas also restrict materials or styles, so confirm before you commit.
Pool fencing is stricter, and separate
Swimming pool barriers are governed by their own strict regime because they exist to prevent child drownings. In NSW the requirements flow from the Swimming Pools Act 1992 and the Australian Standard AS 1926.1, and every pool must be registered and compliant; the NSW Swimming Pool Register sets out what is required. Pool fencing is a legal obligation with real safety weight behind it, so it is one area where getting it exactly right is not optional. Note that compliant pool barriers are aluminium or chainwire systems built to the standard, not glass panels.
Resolving disputes
Even with the rules clear, disputes happen over interpretation or the unexpected. Most states offer a mediation path before anything reaches a tribunal or court, and using it early is faster and cheaper than the alternative. In NSW, community justice and local court processes handle dividing-fence disputes; your state's fair-trading or consumer body can point you to the right avenue.
The bits people forget
A couple of considerations catch owners out. Heritage and conservation overlays can restrict what you build regardless of the general rules, so check whether your property carries one. And a fence is more than a legal line: it shapes the streetscape and the character of a neighbourhood, so a choice that fits in keeps both the council and your neighbours onside.
The takeaway: before you build, settle three things, who shares the cost, what height and material your council allows, and whether a pool or heritage rule applies, and get any shared-fence agreement in writing. The law is mostly state-based, so always verify with your own state authority rather than a general summary. For the practical pre-build checklist, see 8 things to know before installing a fence.