Navigating property boundaries shouldn’t be an issue. Learn about the Dividing Fences Act and what it means for industrial property owners.
Property boundaries rarely come with a clear-cut manual, especially for industrial property owners juggling sprawling lands and shared spaces. The Dividing Fences Act stands as a critical framework in places like Australia, setting clear guidelines for property demarcation.
If you’re planning to construct a fence for an industrial building across New South Wales, Victoria, or Queensland, you’ll want to pay close attention to this particular law. It lays out clear rules to help you handle these situations legally and effectively. Given the AUD $9.6 billion industrial construction boom in 2023, understanding the act is crucial. The industrial landscape continues to evolve, with more fenced properties on the horizon.
This guide breaks down the act’s nuances, highlighting its relevance to industrial properties. Grasping these rules helps you navigate potential roadblocks and sidestep unnecessary conflicts.
The Dividing Fences Act governs the construction, maintenance, and disputes surrounding fences that separate adjoining properties. It provides a framework for sharing responsibilities between property owners and resolving disagreements. The act protects industrial properties through comprehensive security, privacy, and zoning compliance mechanisms.
The act has its roots in older laws addressing rural and residential fencing needs, but it has also evolved to cover industrial and commercial properties. Over time, adjustments were made to reflect modern land-use patterns, incorporating standards for larger-scale developments.
The Dividing Fences Act also exists to amend fence disputes between adjoining land owners, such as who’ll pay for the fence construction. Different states and territories in Australia interpret and apply the act with slight variations. Victoria, for example, has the Fences Amendment Act of 2014. Other variations include:
Regional legal variations can trip up even seasoned property managers. Understanding these differences keeps you on the right side of local regulations and helps you dodge penalties.
You’re required to maintain fences that form the boundary between your and your neighbour’s property lines. If repairs are necessary, the act specifies that both parties should share the cost. However, industrial property owners may face stricter obligations, especially when fences serve safety purposes.
The act typically requires equal contribution between the adjoining owners. If one party demands a higher specification fence—added security, for instance—they might have to cover the additional expenses. For example, if you need a reinforced steel fence for an industrial site, you’d likely shoulder the extra costs.
Before starting work on a boundary fence, you must give your neighbour formal notice. This includes the proposed materials, design, and estimated costs. In most cases, a 30-day response period applies. Failure to properly notify the adjoining land owner can result in disputes or legal challenges. Alternatively, a notice isn’t necessary if you need to do urgent fencing work, though it’s good practice to inform them regardless.
Under the act, a dividing fence refers to any structure placed on the boundary between properties. For industrial properties, this could include:
Industrial properties often face stricter standards for fencing. Requirements may include specific materials like steel or concrete, height restrictions, or design elements to align with zoning regulations. For example, boundary fences near public roads might require additional visibility features for safety.
Fence-related disputes often stem from disagreements about fence height, material choices, or maintenance responsibilities. For industrial properties, noise concerns or security requirements can also spark conflicts.
The act encourages negotiation first. When direct communication stalls, bringing in a neutral third party can untangle complex property boundary discussions. Legal proceedings are a last resort but remain available for unresolved neighbourhood disputes. Most states have tribunal systems specifically for these matters.
Local councils frequently step in to enforce the act and mediate neighbourhood tensions. In fact, around 9.4% of complaints to councillors regarding land use planning and development matters were recorded from 2021 to 2022. Involving councils early in complex cases can be beneficial, as they can issue compliance notices if your fence doesn’t meet legal requirements.
The Dividing Fences Act should influence your fencing decisions when planning an industrial development. Zoning regulations might dictate fence specifications, particularly in environmentally sensitive zones or near residential areas.
A well-maintained fence speaks volumes about your property. Secure, aesthetically pleasing fencing signals professionalism and can significantly boost property value for potential buyers or tenants.
Transparent, ongoing dialogue with neighbouring property owners reduces misunderstandings. Discuss fencing plans early so everyone is on the same page and you can avoid potential construction delays. Always document agreements, too, including cost-sharing arrangements and design approvals.
Seeking legal advice ensures your fencing plans comply with the act, primarily for industrial properties with unique requirements. Consulting an expert can save you time and money in the long run.
Understanding the Dividing Fences Act helps industrial property owners manage boundaries effectively and avoid disputes. Knowing your responsibilities, adhering to local standards, and handling conflicts professionally protect your property and maintain positive neighbourhood relationships.
Take time to thoroughly review the act, seek professional guidance if needed, and strategically plan your fencing work. This proactive approach keeps your property secure, valuable, and compliant.
About the Author:
Adeline Gorney is a property law expert based in Brisbane, specialising in land use regulations and other property-related matters. With over a decade of experience, she provides practical insights to help property owners navigate legal complexities and maintain harmonious neighbour relations.
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