Dividing Fence Rules in Queensland
Who pays, how to give notice, and what happens if your neighbour will not agree.
The law behind it
Dividing fences in Queensland come under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, and disputes go to the Queensland Civil and Administrative Tribunal (QCAT). What follows is a plain summary from QCAT’s guidance, not legal advice.
Who pays
Generally, neighbours contribute equally to building and maintaining a dividing fence. That share covers a sufficient dividing fence. If one owner wants something beyond that, such as a taller or more expensive style, they are liable for the extra cost.
Start with a conversation
Most fences get sorted over the back fence. Agree the type, height, line and cost, and put it in writing, ideally with the quote attached.
The notice to contribute
If you cannot agree informally, the formal step is a written notice to contribute for fencing work. It sets out the boundary, the kind of fence, the proposed cost and each owner’s share, and how it will be built. At least one written quote must come with it; two are recommended.
Timeframes
- Owners have one month after the notice to reach agreement
- If they have not, either owner can apply to QCAT within two months of the notice
- Free mediation through a Dispute Resolution Centre is an option after the first month
- Do not start building while the neighbour is disputing the notice
Urgent repairs
If a storm or a fallen tree flattens a fence, you can do the urgent work first and then give the neighbour a notice to contribute for urgent fencing work as soon as possible.
When a pool is involved
If the dividing fence is part of a pool barrier, different notices and rules apply. See pool fence rules.
What QCAT can decide
QCAT can decide whether a fence is sufficient, what kind of fence is built and on what line, who pays what share, when the work happens, and related work such as retaining walls or drainage when the fence depends on it.
Ready to price it
Once the neighbour is on board, see Colorbond fencing or timber paling fences, or call 0489 982 376 for a quote you can attach to the notice.
Price my fence
A written quote is also what goes with a notice to a neighbour.
- Phone hours
- Weekdays, 7am to 4:30pm
- Covering
- Toowoomba, Highfields and Westbrook
- What it costs
- Free. The fencer does the quoting
- Your fence goes to one licensed fencer, not a list of them
- A rough length in metres and a photo of the boundary go a long way
- Ask for posts, footings, sheets or palings and removal of the old fence to be priced separately