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There are many types of fencing that require building permits and some that do not. These fences range from brick front fences to timber side and rear fences. 
Fences that adjoin side and rear property lines do not require a building permit if constructed under 2.0 metres in height. Front fences constructed of brick or stone above 1.2 metres in height and timber and steel fences above 1.5 metres high require a building permit. Fencing located on the front and side street boundaries of a corner property cannot exceed 1.0 metres in height when within 9.0 metres of the intersection of street alignments. If there is a need for the fence to be higher, a dispensation will be required from the Municipal Building Surveyor.

Further information

The Dispute Settlement Centre can give legal advice on the Fence Act and also help mediate between the two parties when matters cannot be resolved.
Fencing Online has provides various information ranging from copies of the Fencing Act, Fencing Notice forms and other helpful information.

Disputes involving dividing fences are the most common disputes dealt with at the Dispute Settlement Centre of Victoria. The rights and responsibilities of the parties are contained in the Fences Act.

Ballarat Justice Service Centre
206 Mair Street
Ballarat VIC 3350

Tel: 4301 7000


Notice to Fence form.doc [ 24KB - 1page document - 1min]
Form to inform your neighbour of your need to fence
Fence on Boundary.pdf [ 125KB - 1page document - 1min]
Information on fencing a boundary
Fence specification.pdf [104KB - 1 page document - 1min]
Information on fence specifications

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