Dividing fences
A dividing fence is usually a 'sufficient fence' that separates the land of different owners. It does not include a retaining wall.
Urgent requests
If the dividing fence is creating a hazard, please report it to the City by calling 1300 422 664. This will allow an Officer to respond with the highest priority.
What does the City do?
The City will respond to complaints about:
Dangerous dividing fences
Property owners are responsible for maintaining their fences to ensure that they do not become dangerous or unsightly to the amenity of the neighbourhood.
Non-compliant dividing fences
The City may require a property owner to repair or remove any fence that is deemed to be non-compliant. Common reasons of non-compliance include:
- dangerous fences
- fences causing an obstruction
- fences encroaching into City land
- fences not built in accordance to planning and/or building approvals.
Approval requirements
Building approval is required when a brick or masonry fence exceeds 0.75m in height.
Generally, the City does not require building approval to construct a dividing fence using materials such as cement-fibre sheets, colourbond or timber erected in accordance with manufacturers specifications.
The minimum acceptable design and height for a sufficient residential dividing fence for suitably capped fibre cement sheets and colourbond is to a height of between 1.8m to 2.2m from the higher ground level to either side of the boundary.
All gates in fences must open into the property and not out onto streets, footpaths and verges.
Dividing fences, unless designed to do so, are not to be used as a retaining wall.
Barbed wire, electrified and other dangerous fencing materials are not permitted in residential areas. Some exemptions may apply in rural, commercial or industrial zones.
Building or repairing dividing fences
When building a new, fence (or repairing dividing fences), the placement and cost of the dividing fence is a civil matter between adjoining land owners.
Residents are advised to liaise with their neighbour in the first instance.
The Building Commission website has helpful information about Dividing Fences and on entering into negotiations with your neighbour.
In some cases, you may need to apply to for planning and/or building approval to build or alter your dividing fence (refer Approval Requirements above).
Working with neighbours
People are sometimes unaware that their activities are causing a problem. The City encourages all residents and business operators to talk to their neighbours about problems before making a complaint.
For supporting information, please see the resolving disputes with neighbours page.
Dividing fence disputes
Dividing fence disputes between adjoining neighbours, that cannot be resolved, should be referred to a solicitor for legal advice.
Neighbour disputes can be referred to Citizens Advice Bureau, who may be able to provide advice and assistance.
Regulation 29B of the Local Government (Administration) Regulations 1996 states that a person seeking owner occupier, electoral or ratepayer details is required to complete a statutory declaration form stating that the information obtained will not be used for commercial purposes by themselves or another person. Persons unable to make this declaration are not able to receive the information.
Before completing and signing the Statutory Declaration form, please call the City on 1300 422 664 so we can discuss your specific circumstances and recommend the best course of action.
Please note that the Statutory Declaration needs to be signed by an authorised witness. This can be in person with one of our staff or a person listed on the last page of the declaration form.
The completed declaration can be submitted to:
- In person: City of Canning, Corner George Street West and Albany Highway, Cannington
Hours of business: Monday to Friday, 8.15am – 5pm - Mail the completed and witnessed statutory declaration to:
City of Canning
Locked Bag 80
WELSHPOOL WA 6986
Report
- To report non-compliant dividing fences, please complete the report form.
- A City officer will investigate within five working days.
- Contact details are required when lodging this type of issue to ensure a proper investigation can be completed. It also provides the City with the ability to clarify information to ensure officers have a safe working environment. Personal information is not disclosed to any person without consent.
- If you are unable to find the correct address when submitting the request, please contact us.
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