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 height, location and materials so standard fences can go ahead without paperwork.
You generally won’t need approval if your fence:
- Is on a residential lot
- Is no higher than 1.8m on a side or rear boundary and built from timber, steel or Colorbond
- Is no higher than 1.2m if it’s masonry, or if it runs along the front boundary or any road frontage
- Uses low-reflective, factory pre-coloured metal for any metal parts (Colorbond meets this)
- Has gates that don’t open outwards
- Is built from non-combustible materials or hardwood if your property is on bushfire-prone land
You’ll likely need approval through a Development Application (DA) or a Complying Development Certificate if your fence:
- Is taller than 1.8m on a side or rear boundary
- Is taller than 1.2m along the front boundary or any road frontage
- Is masonry and taller than 1.2m
- Is on a lot with a heritage item, or along the boundary of a lot that has one
- Runs along the street frontage of a property in a heritage conservation area
- Is on a flood control lot or in a foreshore area
- Uses barbed wire or electric fencing, which aren’t permitted in residential zones
How High Can a Fence Be Without a Permit?
Under NSW exempt development rules, side and rear boundary fences can be up to 1.8m high when built from timber, steel or Colorbond. Masonry fences are limited to 1.2m. Front fences, and any fence along a road frontage, are also capped at 1.2m.
On sloping ground, the fence can be stepped to follow the fall of the land. Each step can be up to 2.2m high for a side or rear fence, or up to 1.5m for a front fence.
What’s the Maximum Height Allowed for a Front Fence?
Front fences are more tightly controlled than side or rear fences because they affect sightlines, safety and the look of the street. A front fence can be up to 1.2m high and still qualify as exempt development.
On a corner block, the fence along the side street has extra rules. It must be no higher than 1.2m and at least 20% see-through above 400mm. Any solid piers or posts can be no wider than 350mm.
If you want a front fence higher than 1.2m, you’ll need approval through a DA or a Complying Development Certificate. Council will look closely at solid fences, such as brick or rendered block, and at fences near driveways and corners where drivers and pedestrians need a clear view.
Who Pays for the Dividing Fence Between Neighbours?
Under the NSW Dividing Fences Act 1991, neighbours normally share the cost of a “sufficient dividing fence” on their common boundary equally. What counts as sufficient depends on things like the existing fence, the types of fences common in the area, and privacy on both sides. If one neighbour wants a higher standard of fence than that, they usually pay the difference.
According to Georges River Council, each property owner is responsible for an equal contribution to the cost of a satisfactory dividing fence. If you both agree on the type of fence and the cost, you can go ahead without any formal process.
What Happens If My Neighbour Refuses to Contribute?
If If you can’t agree, the first formal step is to serve your neighbour a Fencing Notice under the Dividing Fences Act. It should set out:
- The boundary line the fence will run along
- The type of fence you’re proposing
- The estimated cost and how you’d like to share it
This gives your neighbour a chance to respond and talk it through. If you still can’t agree, the NSW Community Justice Centres offer free mediation.
If a month has passed since the notice was served and you still can’t agree, either of you can apply to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court for a fencing order. This step is rarely needed, but it’s available if mediation hasn’t worked.
What If Tree Roots or a Retaining Wall are Damaging the Fence— Who is Responsible?
Damage from tree roots or retaining walls can be tricky, especially when the cause sits close to the boundary. Responsibility usually depends on who owns the tree or structure.
If a neighbour’s tree is damaging your fence, the tree owner may be responsible, particularly if they knew about the problem and didn’t act. Talk to them first. If that doesn’t resolve it, the Land and Environment Court hears tree disputes between neighbours under the Trees (Disputes Between Neighbours) Act 2006. It can order work on the tree and compensation for damage.
Retaining walls work differently. If a retaining wall supports the dividing fence, it can be treated as part of the fencing work, and disputes go to NCAT or the Local Court. If the wall doesn’t support the fence, disputes are usually heard in the Supreme Court. Whoever built a wall to hold up their own land is generally responsible for maintaining it.
Either way, free mediation through Community Justice Centres is a good first step before going anywhere near a court.
Does a Heritage Overlay Affect What Kind of Fence I Can Build?
It can, but the rules depend on your situation.
If your property has a heritage item on it, or your fence runs along the boundary of a lot that has one, the fence won’t qualify as exempt development. That applies even if it meets the usual height and material limits, so you’ll need to lodge a DA with Georges River Council.
If your property is in a heritage conservation area but isn’t a heritage item itself, the rules are narrower. Front fences and fences along a road frontage need approval. Side and rear boundary fences can usually still be built as exempt development if they meet the standard limits. Where approval is needed, council will assess materials, height, colour and detailing to make sure the fence suits the character of the street.
If you’re unsure whether your property is affected, check Georges River Council’s planning maps or speak with the planning department before starting work.
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.
