Each of the municipalities in Victoria has unique fencing regulations. Adhering to these regulations ensures compliance and will save you the inconvenience of tearing down your fence and unnecessary costs or disposal, alterations or replacement. As a homeowner living in Geelong, it’s crucial to understand the local council rules and regulations governing the installation of fences, such as permits, size of your fence, the material and even in some locations, the design.
Geelong City Council Fencing Requirements
Whether or not you require a permit to build a fence, will depend on the location and type of fence you intend to install. Before commencing your fencing project, it’s advisable to check the fencing regulations for the City Council of Geelong on whether you’ll require a permit.
Note: The fence height is measured from the ground or footpath level.
Front fence
Regarding a fence at the front of your property, you will require a building permit to construct one that’s over 1.5 metres for timber or Colorbond or similar materials and 1.2 metres for brick, stone, or masonry. You can put up a front fence using steel or timber, or similar materials without seeking a permit, as long as it doesn’t exceed 2 metres in height for a ‘Declared Road’ and 1.5 metres in height for any other street.
If your fence is below these measurements, you can install it without a permit.
Front fences opening onto a street alignment or open space cannot feature sharp protrusions, such as a barbed wire fence, except:
- When the fence is at least 150 millimetres back from the street alignment or open space.
- If the barbed wire fence is at least two metres above the street level.
- If the fence is on an allotment measuring 2000 metres squared or more and is used primarily for livestock.
The regulations limit the height of fences made from masonry to 1.2 metres in height. Such fences may also require structural engineering design and certification for a building permit since they are classified as structural works.
A masonry fence can be built from:
- Bricks
- Concrete panels or blocks
- Hebel panels or blocks
Boundary fence
Generally, homeowners can erect a side and rear boundary fence adjoining two properties up to 2 metres in height without requiring a building permit. In addition, if your fence abuts an existing wall, you may construct it to the same height as the wall.
If the fence is over 2 metres, you must contact the city council’s building department for details on factors like length and setback limitations.
Corner fence
The standard corner fence can only be constructed up to:
- One metre in height within nine metres of a point of intersection of the street boundaries
You’ll need a building permit and Council consent to erect a higher fence.
Swimming pool and spa fence
Firstly, it’s mandatory for all landowners in Geelong, and Victoria at large, to register a swimming pool or spa with the relevant council. A homeowner must then obtain a building permit for any fence surrounding a swimming pool on their property.
The Building Act requires all types of swimming pools, including inflatable and relocatable pools and spas that can hold water up to 300 mm deep or greater to have a compliant safety barrier in place.
A pool fence must have a minimum height of 1.2 metres and must meet the specific Victorian pool fence requirements.
Fencing Regulations Regarding Fence Setbacks in Geelong
Side and rear boundary fencing laws
If your fence exceeds two metres in height, it must be set back from a side or rear boundary (whether it’s a neighbouring property or a side or rear street alignment) as illustrated in the figure below (provided by the City of Greater Geelong):
Fence height at any point | Minimum setback from side or read boundary at that point |
More than 2.0 m but less than 3.6 m | 1 m |
More than 3.6 m but less than 6.9 m | 1 m plus an additional distance calculated at the rate of 300 mm for every metre of height over 3.6 m |
More than 6.9 m | 2 m plus an additional distance calculated at the rate of 1 m for every metre of height over 6.9 m |
Corner fence
If your fence exceeds one metre high, it must be set back from the point of intersection of street alignments by at least nine metres.
If you wish to construct a taller fence, you must obtain a building permit from the Geelong City Council.
Fences near habitable room windows
It’s always courteous to consider your neighbours when erecting your fence. The fencing regulations require that:
- If your fence is over two metres high, you must allow for a minimum of one metre of clear sky and 3 m2 of ‘light court.’
- If your fence exceeds three metres in height, it must be set back at least half the height of the fence from that window. For example, a 3 m fence will need to be set back 1.5 metres.
These are regulations for Victoria at large. For specific information about setback limitations, contact the Geelong building department.
What Are the Rules for Dividing Fences in Geelong?
Shared boundaries between two pieces of adjoining land are a common source of disputes between landowners. When it comes to putting up a dividing fence, who pays for the dividing fence? Who funds the repair of the fence?
The Fences Act sets out clear rules about:
- who should pay for fencing works
- the type of fence to be constructed
- fencing notices
- how to resolve disputes that arise when negotiating fencing works
Fencing Notice
The law requires you to send a proposal to your neighbour about planned fencing works if you and your neighbour cannot come to a decision together. This proposal is called a Fencing Notice, and it outlines whether you want to repair, replace or erect a new fence.
The respondent has 30 days to respond to the notice from the day they receive it. It’s recommended to send it via registered post to get proof of date, which can help you in court (if need be).
If your neighbour agrees to your proposal, you can start the fencing work immediately. If not, you’ll have to negotiate the proposal to find a common ground. After 30 days have elapsed and you’re still not in agreement, you can initiate action in the Magistrate’s Court, which has the power to determine whether you should proceed and how each neighbour should contribute.
In the same way, if you do not agree with your neighbour’s proposal, and don’t reach an agreement after 30 days, either of you can proceed with an action in the Magistrate’s Court to settle the matter.
Keep in mind that going to court can be expensive and time-consuming. Whenever possible, try to resolve disputes with your neighbour without involving the courts.
Neighbours are required to share fencing costs equally (but not always)
The law doesn’t mandate neighbours on the type of fence they should construct. It, however, states that they must contribute equally to a dividing fence, as long as it fits the standard ‘sufficient dividing fence’, which depends on factors like:
- The existing dividing fence’s style (if one exists)
- Land usage
- Privacy and security concerns of affected parties
- Types of other fences in the area
For example, in an urban area, a sufficient dividing fence might be a 2m colourbond fence. In a rural vicinity, a sufficient dividing fence might be a 1.2 m chain wire fence.
In addition to construction costs, neighbours are also required to contribute equally to any other costs associated with fencing works, such as clearing the land and paying a land surveyor.
Homeowners planning to repair, replace or build a new fence must follow the due process as stipulated by the council. This includes:
- Checking the local council’s fencing rules
- Making reasonable inquiries about the neighbouring property’s owner. If it’s a rental property you can request the tenant to provide the contact details for the rental manager to then be able to contact the home owner. Or, you could request the information from your local council offices, saying you want to send the landowner a Fencing Notice. Note that the municipal council will only disclose the name and address of an owner of land if it’s satisfied that the person making the inquiry will use the information for the sole purpose of giving a fencing notice.
- You can visit LANDATA to run a title search to find the property owner’s contact details (attracts fees).
In case you or your neighbour wants a different type of fence, for example, one made of more expensive materials, the party who wants this upgrade will pay the difference in cost between a ‘sufficient dividing fence’ and the higher standard fence.
If both of you want to upgrade the fence, you can share the costs.
What if I can’t find the owner of the adjoining property?
If, despite all your efforts to locate the property owner, you can’t locate them, you can proceed with the fencing works.
However, if you want the neighbouring property owner to contribute financially to the fencing works, you must obtain a Magistrate’s Court order before commencing the work.
Boundary fencing disputes
Because of the nature of a side fence being a shared boundary, you must get your neighbour’s consent before repairing, replacing, or installing a new fence. Usually, the process is smoother if you’re on good terms with your neighbour and have consent from both sides.
On the other hand, if you don’t see eye to eye with your neighbour, it can be frustrating to agree on the fencing terms. Keep in mind that doing any fencing work without their consent will result in you footing the entire bill. So, you could try to make amends or use a mediation service to help get the message across.
Essentially, it’s courteous and respectful to let your neighbour know of your intentions to erect a fence, even if you don’t need them to chip in for the cost of the works.
It is well worth the time and energy invested in knowing what your council requirements are when it comes to building a new fence. If you are not compliant with the regulations or you don’t have a permit to go beyond the stipulated requirements, you can be asked to remove the fence at your own cost. It is worth it to work with an experienced, local Geelong fencing company that knows your area, is familiar with the council and the local soil types. All these factors ensures that your fence will be built to regulations, built to last and ultimately be an investment rather than a liability for your property.