Thinking about putting up a new fence or replacing an old one? Before you start digging, it’s worth checking what’s actually allowed in your area. Whether you’re in Kogarah, Hurstville, or anywhere within the Georges River Council, getting the rules right from the start can help you avoid costly mistakes or neighbour disputes. This post breaks down the key fencing regulations clearly, so you know what’s allowed, what needs approval, and what to do if any issues come up.
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- Do I Need Council Approval to Build a Fence in St George?
- How High Can a Fence Be Without a Permit?
- What’s the Maximum Height Allowed for a Front Fence?
- Who Pays for the Dividing Fence Between Neighbours?
- What Happens If My Neighbour Refuses to Contribute?
- What If Tree Roots or a Retaining Wall are Damaging the Fence— Who is Responsible?
- Does a Heritage Overlay Affect What Kind of Fence I Can Build?
- What are the Rules for Pool Fencing in NSW and How Do They Apply Locally to St George?
- What Fines or Penalties Apply for a Non-Compliant Fence?
Do I Need Council Approval to Build a Fence in St George?
In most residential situations, you can build or replace a fence without council approval if it meets the requirements for exempt development under NSW planning rules. These rules set clear limits on fence height, location, and materials to keep the process simple for standard installations.
You don’t need approval if your fence:
- Is on a residential lot
- Is up to 1.8m (for side or rear boundary fences) and made from standard materials such as timber, steel, or Colorbond
- Is up to 1.2m and made from masonry
- Is not on or near a heritage-listed property or in a heritage conservation area
- Is not in a bushfire-prone or flood-affected zone
- Does not obstruct sightlines for driveways or intersections
However, you’ll likely need council approval if your fence:
- Is built from masonry and is taller than 1.2m
- Exceeds the 1.8m height limit
- Is located near a heritage item or in a heritage conservation area
- Uses non-standard or decorative materials, such as rendered block, barbed wire, or glass
- Is being built in a sensitive location,like a corner lot, public road frontage, or shared access way
How High Can a Fence Be Without a Permit?
Under NSW Exempt Development rules, most residential side and rear boundary fences can reach up to 1.8m in height when made from timber, steel, or Colorbond. The same height applies to front fences, but with additional open-style design requirements.
On sloping ground, you can step the fence so that the highest point reaches 2.2m above the natural ground level at the top of a step, but the continuous height between steps must remain under 1.8m.
What’s the Maximum Height Allowed for a Front Fence?
Front fences are more strictly regulated than side or rear fences because they can impact visibility, safety, and streetscape appearance. A front fence can be up to 1.2m high and still qualify as exempt development, meaning no council approval is required.
If you want to build a front fence higher than 1.2m, you may still be allowed to do so, but you’ll need to lodge a Development Application (DA). This is especially the case if the fence is made of solid materials like brick or rendered block, or is located near a corner where sightlines are important for pedestrian and vehicle safety.
Who Pays for the Dividing Fence Between Neighbours?
Under the NSW Dividing Fence Act 1991, neighbours are typically required to share the cost of a “sufficient dividing fence” on their common boundary. What counts as “sufficient” is determined by local standards and what’s commonly used in your area.
According to the Georges River Council, each property owner is responsible for an equal contribution to the cost of providing a satisfactory dividing fence. If you both agree on the type of fence and cost, you can proceed without formal applications. Disputes are resolved through a clear process laid out in NSW law.
What Happens If My Neighbour Refuses to Contribute?
If your neighbour doesn’t agree to pay their share of a dividing fence, there’s a clear process you can follow under the Dividing Fences Act. Start by giving them a written notice that outlines what you’re proposing:
- The type of fence
- The estimated cost
- How you’d like to share the fence costs
This gives them an opportunity to respond and discuss the details with you directly. However, if you can’t reach an agreement, you can contact the NSW Community Justice Centre (CJC) to arrange free mediation. These services are designed to help neighbours reach a fair and reasonable outcome without going to court.
As a last resort, you can apply to the Local Court to make a decision. While this step is rarely needed, it’s available if mediation fails or if one party refuses to engage in the process.
What If Tree Roots or a Retaining Wall are Damaging the Fence— Who is Responsible?
Damage caused by tree roots or retaining walls can be tricky, especially when the source sits close to the boundary. Responsibility usually depends on who owns the structure or tree and where it’s located. If the tree is clearly on one property and its roots are damaging the fence or crossing to the neighbour’s yard, the owner of that tree may be responsible for the damage, particularly if they’re aware of the issue and didn’t act.
The same applies to retaining walls. If the wall was built by one party to support their land, they are generally responsible for its upkeep and any resulting damage.
Whenever possible, it’s best to discuss the issue directly with your neighbour first. If agreement can’t be reached, you can seek help through mediation. In more serious cases involving negligence or costly repairs, legal advice or a ruling from the Local Court may be necessary.
Does a Heritage Overlay Affect What Kind of Fence I Can Build?
Yes, if your property is heritage-listed or located within a heritage conservation area, standard fencing rules no longer apply. You won’t be able to build under Exempt Development, even if your fence meets the usual height and material limits. Instead, you’ll need to lodge a DA with the Georges River Council. The council will assess your fence design to ensure it aligns with the character of the surrounding area. This may include restrictions on materials, fence height, colour, and detailing, especially for front fences or those visible from the street.
If you’re unsure whether your property falls within a heritage area, you can check the Georges River Council’s planning maps or speak with the planning department for advice before starting your project.
What are the Rules for Pool Fencing in NSW and How Do They Apply Locally to St George?
Pool fencing is strictly regulated in NSW to prevent accidents and ensure child safety. Whether you’re installing a new pool or updating an existing one, the fence must comply with the Swimming Pools Act 1992. The key requirements include:
- A minimum fence height of 1.2m
- Self-closing and self-latching gates that open away from the pool area
- No climbable objects like furniture or garden features within 900mm of the outside of the fence
- A gap of no more than 100mm between the bottom of the fence and the ground
Georges River Council conducts mandatory pool barrier inspections, and all pools must be registered on the NSW Swimming Pool Register. If your pool doesn’t meet the required standards, the council may issue a notice and require immediate rectification.
What Fines or Penalties Apply for a Non-Compliant Fence?
If your fence doesn’t meet local or state requirements, Georges River Council can take enforcement action. This may include issuing a compliance notice, ordering you to modify or remove the structure, or in some cases, issuing fines.
Fences that block sightlines, encroach on public land, or are built without approval when one was required are common triggers for enforcement. Pool fencing breaches are treated especially seriously due to the safety risk, and non-compliant pool barriers can lead to significant penalties.
In most cases, the council will give you an opportunity to correct the issue before fines are issued. If you’re unsure whether your existing or proposed fence complies, it’s best to seek advice early. It’s often much easier and cheaper to adjust a plan than to fix a completed structure.
Conclusion
Understanding fencing regulations in the St George area can help you avoid costly mistakes, neighbour disputes, and council penalties. Whether you’re dealing with dividing fences, front boundary limits, or pool fencing rules, knowing what’s allowed and when you need approval makes the process much smoother. Most standard fences fall under NSW’s Exempt Development rules, but local overlays, heritage controls, or design requirements under the Georges River Council may affect your plans.
If you’re ever unsure, it’s worth checking with Georges River Council before starting any work. Or if you’re already planning a new fence, getting advice early can save time and money. Whether you need help understanding the regulations, want a quote, or are looking for a fencing contractor who knows the local regulations, our team is here. Reach out today by calling (02) 9538 7466 and let’s make sure your fence is built right from the start.
