Building a new fence can be an exciting way to enhance your property’s privacy, security, and aesthetics. However, before you start digging those post holes, it’s crucial to understand the regulations in New South Wales (NSW) to avoid costly mistakes or delays.
Exempt Development: Fences That Don’t Need Approval
In NSW, certain types of fences are considered “exempt development,” meaning you can build them without needing any planning approval. This applies to fences in various zones, including residential, rural, environmental protection, business, and industrial.
Key Requirements for Exempt Fences:
- Height Restrictions: Side and rear fences in residential zones typically can’t exceed 1.8 meters (or 1.2 meters for masonry). Front fences and those near roads have stricter limits.
- Transparency: Fences near roads often need to be partially transparent to maintain visibility.
- Materials: Bushfire-prone areas require non-combustible or hardwood materials.
- Gate Restrictions: Gates must not open outwards.
- Additional Rules: Specific rules apply to rural, environmental, business, and industrial zones.
Complying Development: Fences That Need Certification
If your dream fence doesn’t meet the exempt development criteria, it might still be possible to build it under “complying development.” This requires obtaining a complying development certificate from your local council or a private certifier.
Temporary Fences:
Good news for construction sites! Temporary fences, scaffolding, and hoardings can often be erected without planning approval, as long as they meet specific safety and design standards.
Important Considerations:
- Heritage and Conservation Areas: Additional restrictions may apply if your property is in a heritage or conservation area.
- Dividing Fences: If your fence is shared with a neighbor, the Dividing Fences Act 1991 comes into play.
- Trees and Vegetation: Check with your council before removing or pruning any trees or vegetation, as you may need approval.
Need Help Navigating Fencing Regulations?
Master Groups is here to guide you through the process. Our experienced team understands the complexities of NSW fencing regulations and can help you design and build a fence that’s both beautiful and compliant.
Contact Master Groups today for a free consultation and let us help you create the perfect fence for your property!
Hello, I own my home on a corner block in Bathurst and I am struggling for locate information regarding the installation of a front fence. I would like to install a colourbond slat fence both for security and aesthetics (relatively modern home), as my cameras have detected people coming right up to my garage door and mailbox.
I am a widow and do not appreciate this. My current boundary fence is 1.8m high, so thinking maybe continuing that height. Also, what is the law regarding distance of the fence from the curb?
Please give us a call or go through the link below
https://www.planning.nsw.gov.au/sites/default/files/2023-02/fences-rules-for-exempt-and-complying-development.pdf
I have a question. My son’s rear fence was damaged due to the previous owner of the rear property under mining the fence. The rear property has been recently sold & my son approached the new neighbour with the view to replace the rear fence. However, the new owner states he has an agreement of purchase which states that the previous owner advise him that my son would pay the full price of a replacement fence. My son has never spoken to the previous owner nor had any written agreement to replace the fence. Can you please advise what what my sons legal status is as I believe the agreement the current owner has is not a binding legal document.
we are in schedule 2 sydney water catchment and share a boundary with Burragorang conservation area, we read some where that fences need to keep stock in but must allow access to Native animals however we dont know where to look to find this rule Can you help? Thanks Chris