At a Glance
If you live in a townhouse, villa or apartment scheme, your fence question almost always comes down to one thing: what does the fence divide? A fence between two lots is shared 50/50 by those two owners. A fence between the scheme and the property next door belongs to the owners corporation, which splits the cost with that neighbour. And where a fence is common property, the owners corporation does not just share a cost — it has a strict legal duty to keep it in good repair. Retaining walls are a different question altogether.
Fences cause more polite disagreements between neighbours than almost anything else in strata living. Who pays? Who organises it? Does the committee need to be involved at all? The answer sits across two sets of rules — and it is easy to assume the wrong one applies.
This guide breaks it down by scenario, in the order the question usually comes up. Strata schemes are governed by the Strata Schemes Management Act 2015 (NSW), while the fence itself is still dealt with under the Dividing Fences Act 1991 (NSW) — the same Act that applies to any home in the state.
Start here: check the strata plan.
Every fencing question in a strata scheme starts with the registered strata plan, read with the NSW Government’s Common Property Memorandum. The convention is simpler than it sounds:
- A fence or wall drawn as a thick line is common property — the owners corporation’s responsibility, funded by the scheme.
- Fencing drawn as a thin line, dotted line or no line is treated as an ordinary dividing fence under the Dividing Fences Act 1991.
Once you know which side of that line your fence sits on, the rest follows. Your strata manager can confirm it from the plan for your scheme if you are not sure — it is worth checking before anyone spends money.
Fences between two lots.
A fence between two lots — your courtyard and your neighbour’s — is the shared responsibility of the two of you. The owners corporation is not involved and does not pay. In practice:
- Costs: the cost of repairing or replacing the fence is split evenly between the two owners (Dividing Fences Act 1991, ss 6–7).
- Standard: you are each up for a “sufficient” fence (s 4) — one that reflects the existing fence, how the land is used, privacy, and what is normal for the area. In most suburbs that means a standard timber paling or Colorbond fence.
- Disputes: if you cannot agree, there is a formal process — see below.
Key points to note
What’s the issue? Security/screen doors fitted to fire doors compromise their fire and smoke containment performance.
What standard? AS 1905.1, the Australian Standard for fire-resistant doorsets.
Who’s flagged it? Fire & Rescue NSW (FRNSW) in position statements.
Is this new? No. The standard hasn’t changed, but Accredited Practitioners – Fire Safety (APFS) are no longer signing these doors off.
Affects: The entry doors of sole-occupancy units in residential flat buildings.
Fences between your lot and common property.
Where your boundary backs onto common property — a walkway, a garden, the driveway — the position needs a little more care. Section 266 of the Strata Schemes Management Act 2015 treats the owners corporation as the “owner” of the parcel for fencing purposes, and in practice a fence between a lot and common property is commonly shared equally between that lot owner and the owners corporation, the same as any two neighbours. Example. Your courtyard backs onto the scheme’s shared garden. The fence needs replacing. You and the owners corporation each contribute half, and the owners corporation’s share is funded by the scheme.| A note of caution. There is genuine legal debate on this scenario. Because the Act deems the owners corporation the owner of the whole parcel, some lawyers argue the owners corporation may carry the full cost of a lot-to-common-property fence. The answer turns on your strata plan. Where real money is at stake, have the plan checked and seek advice before committing. |
The scheme’s outer boundary.
The fence between the scheme and whatever is next door is the owners corporation’s responsibility, not any individual owner’s — even if it runs along the back of your courtyard. The owners corporation is the “owner” for fencing purposes and shares the cost evenly with the neighbouring landholder under the Dividing Fences Act 1991.| One common exception. Councils and public authorities are not required to contribute (s 25). If your scheme backs onto a public reserve, park, road or Crown land, the scheme generally wears the full cost. It is worth planning for that in the capital works fund rather than discovering it when the fence fails. |
Retaining walls are a separate question.
Retaining walls cause a lot of confusion, especially on sloping sites where they are everywhere. The short version: a retaining wall is not a fence. The Dividing Fences Act 1991 does not treat it as a dividing fence, so the even cost-sharing rules simply do not apply. Responsibility usually turns on who benefits from the wall and what caused it to be needed:- If the wall supports or protects common property, the owners corporation is generally responsible.
- If it benefits only one lot — holding up that owner’s courtyard, for instance — that owner is typically responsible.
- If someone changed the natural ground level and that is why the wall exists, that history matters. Survey reports, the strata plan and an engineer’s assessment are often needed to work it out.
How to raise a fencing issue.
If you need a neighbour or the owners corporation to contribute, there is a set process. Following it protects you if the matter ever goes further.- Check the strata plan — and for work on common property, speak to your strata manager about the approvals needed.
- Talk to the other side first — your neighbour, or your strata manager for common-property fences — and get a quote you both agree is reasonable.
- Serve a fencing notice (s 11). It needs to set out the boundary, the work proposed and the estimated cost, with the quote attached. Serve the owner, not a tenant.
- Allow one month (s 12). If you reach agreement, put it in writing.
- Apply to NCAT or the Local Court (ss 12–13) if you cannot agree.
If you cannot agree.
Which path you take depends on who the disagreement is with.- Between two owners: the Dividing Fences Act process applies — negotiate, then apply to NCAT or the Local Court. Note that the free Community Justice Centre mediation service closed on 30 June 2025, so the options now are direct negotiation, private mediation, or going straight to the tribunal or court.
- With the owners corporation: the strata path applies — raise it with the committee or your strata manager first, then free NSW Fair Trading mediation, which for most matters you have to complete before you can apply to NCAT (s 227).
For committees: four things that prevent most disputes.
- Know your plan. Map which fences are common property (thick line) and which are lot-to-lot before any money is committed.
- Repair or improvement? Routine repair of a common-property fence under the s 106 duty is generally a committee decision within spending limits. Replacing it with something better is an improvement, which needs a special resolution at a general meeting (s 108).
- Get the quotes and budget right. Spending over $30,000 requires at least two independent quotations (s 102), and large schemes cannot exceed a budgeted item by more than 10% without a general-meeting resolution. Fund foreseeable fencing from the capital works fund rather than a special levy.
- Work through your strata manager for owner searches, notices, quotes and coordinating the work.
Quick reference.
| Fence location | Who is responsible |
| Fence between two lots (e.g. two courtyards) | Shared equally by the two lot owners |
| Fence between a lot and common property | Commonly shared by the lot owner and the owners corporation — check the strata plan (see note) |
| Fence on the scheme’s outer boundary | Shared between the owners corporation and the outside neighbour |
| Structural common wall (thick line on the plan) | The owners corporation, funded by the scheme |
| Pool safety barrier | The owner of the pool |
| Fence adjoining a council reserve, park or road | The owners corporation pays its share; the authority is not required to contribute |
| Retaining wall | Not a fence under the Act — depends on who benefits and what the plan shows |
Frequently Asked Questions
Who fixes the fence between my courtyard and my neighbour’s?
Who fixes the fence between my courtyard and my neighbour’s?
The two of you share it directly under the Dividing Fences Act — half each. The owners corporation is not involved.
Can I just replace a common-property fence myself?
Can I just replace a common-property fence myself?
No. Work on common property needs the owners corporation’s authorisation — speak to your strata manager first.
What if my neighbour won’t pay or can’t be found?
What if my neighbour won’t pay or can’t be found?
Serve a fencing notice; if there is no response after a month, apply to NCAT or the Local Court. Orders can be made even where a neighbour cannot be located.
My fence was damaged by a storm. Do I have to wait a month?
My fence was damaged by a storm. Do I have to wait a month?
No. Where a fence is damaged and serving a notice first is impractical, s 9 allows urgent work to go ahead, with the other owner’s share recovered afterwards.
Talk to Jamesons
Fencing questions are rarely just about a fence — they touch the strata plan, the owners corporation’s repair duty, budgets and neighbour relationships. We help committees and owners sort out fencing responsibilities, quotes, notices and disputes with clarity and care.
Get in touch with our team today.
