Thinking of building or repairing a fence in the Sutherland Shire? Whether you’re dealing with a boundary dispute, unsure about height limits, or navigating pool safety rules, fencing projects often come with a lot of questions and even red tape. To make things easier, we’ve rounded up the most common fencing FAQs asked by homeowners, landlords, and builders across the Shire. From legal responsibilities to design restrictions, here’s what you need to know before you start your fencing project.
Dividing-Fence Responsibilities
Shared fences are one of the most common sources of neighbour disputes in the Shire. Luckily, there are clear rules about cost-sharing, fence standards, and the process for resolving disagreements. Here’s what you need to know:
Who Pays for a New Dividing Fence?
The cost of a dividing fence is typically shared equally between the two property owners whose boundary the fence is located on. We always recommend that before you look to replace a boundary fence to first consult with the next door neighbour to discuss the matter with them and get on the same page before you start calling the local fencing contractors in the Sutherland Shire for fencing quotes. This way both parties can have a mutual understanding and agreement of the scope of works required (repair or replacement) and the type of fence to be installed.
Who Pays for a New Dividing Fence When Two Neighbours Can’t Agree?
Under the Dividing Fences Act 1991, neighbours are generally expected to equally split the cost of a sufficient dividing fence. But disagreements are fairly common, especially when one neighbour wants something more expensive, or when the other doesn’t want to contribute. If you’re unable to reach a verbal agreement, the next step is to put your proposal in writing. This is called a notice to carry out fencing work and it outlines the kind of fence, where it will go, how much it’s expected to cost, and how you propose to divide the cost.
This gives your neighbour a chance to respond formally. But if they still disagree or don’t reply within a reasonable time, the matter can be escalated to mediation through a Community Justice Centre. If mediation fails, you can apply to NCAT or the NSW Civil and Administrative Tribunal, which will make a legally binding decision on how the cost should be shared and what type of fence is appropriate.
Does Sutherland Shire Council Contribute to the Cost of a Boundary Fence that Adjoins Council Land?
Following Section 25 of the Dividing Fences Act 1991, Sutherland Shire Council is exempt from contributing to the cost of dividing fences. This includes boundaries that adjoin Council-managed parks, laneways, and reserves. As a property owner, you’re free to decide whether to build a fence and what materials to use. The Council doesn’t enforce a minimum standard, but still makes sure that it meets planning or height rules.
Height, Location & Approval Rules
Whether you’re replacing an old fence or starting from scratch, height and placement rules can get tricky, especially on corner blocks, retaining walls, or sloping sites.
What is the maximum height for side and rear fences in residential zones, and do different rules apply to masonry fences?
In residential zones, side and rear boundary fences can be built without planning or building approval if they meet certain height and material restrictions:
- For typical timber, Colorbond, or metal fencing: up to 1.8m high is allowed as exempt development
- For masonry fences, the maximum height is 1.2m to qualify as exempt.
For full details, refer to the NSW Planning Department’s Fences Rules for Exempt & Complying Development fact sheet.
How high can my front fence be on a corner block before I need a Development Application (DA)?
For most properties in the Sutherland Shire, front fences that face a primary road or sit within the front setback must be no higher than 1.2m to qualify as exempt development. This also applies to side boundaries on corner blocks when they face a secondary road and are located in the front setback area. If your fence goes beyond 1.2m in these areas, you’ll likely need to lodge a Development Application (DA) with the Council.
Can I build a fence on top of a retaining wall, and does that change the height calculation?
Yes, you can build a fence on top of a retaining wall, but the combined height of the retaining wall and fence is important. The total height is measured from the lower ground level at the base of the retaining wall to the top of the fence. So to qualify as exempt development, the combined height must not exceed:
- 1.8m for fences made of lightweight materials like timber or metal
- 1.2m for masonry fences
If the combined height exceeds these limits or if the retaining wall and fence are located in a heritage or conservation area, you’ll likely need to lodge a DA with the local council.
Do fences on sloping sites need stepping, and what’s the allowed rise per step?
Fences on sloping sites can be stepped to follow the natural fall of the land. Stepping helps maintain structural stability and ensures your fence stays within legal height limits. According to NSW Planning rules for residential zones:
- Fences with a 1.2m maximum height (front or masonry fences) must not exceed 1.5m per step
- Fences with a 1.8m maximum height (side and rear fences) must not exceed 2.2m per step
This means each individual panel can rise higher to adjust for the slope, as long as the overall average height remains compliant.
Materials & Design Constraints
When planning your fence in the Sutherland Shire, it’s essential to consider specific material and design requirements, especially if your property is in a bushfire-prone area, near the coast, or along a secondary road frontage.
Are there bush-fire or corrosion requirements for fence materials in the Shire’s coastal or flame-zone areas?
Yes. If your property is located in a bushfire-prone area, fences must be constructed of non-combustible materials or hardwood. If using metal, any metal parts should be low reflective, factory pre-coloured materials. For more info visit NSW Rural Fire Service – Building on Bush Fire-Prone Land
For properties near the coast, while the NSW Planning guidelines don’t specify materials, it’s advisable to use corrosion-resistant materials like powder-coated aluminium, Colorbond steel, or treated timber with galvanised fixings to withstand salt exposure.
What transparency is required for fences along secondary road frontages?
For fences along the boundary with, or within the setback area, to a secondary road:
- Fences must be no taller than 1.2m
- They must be at least 20% transparent above 400mm
- They must not have solid piers or posts wider than 350mm
Are electric or barbed-wire fences permitted in residential zones?
Electric or barbed-wire fences aren’t allowed in residential zones, as well as business and industrial zones. They are only permitted in rural and environmental protection zones, and zone R5.
Pool-Safety Barriers
How tall must a pool fence be, and are boundary fences allowed as part of the barrier?
A standard internal pool fence must be at least 1.2m high, measured from the outside of the pool enclosure. If you’re using a boundary fence as part of the enclosure, it needs to be at least 1.8m high, measured from inside the pool area. All barriers must be child-resistant, free of climbable features, and include self-closing, self-latching gates to prevent unsupervised access.
What clear zone is required around the inside of a pool fence?
The clear-zone or Non-Climbable Zone (NCZ) around a pool is designed to prevent children from gaining access by climbing. Here’s what to keep in mind:
- A 900mm clear space must be maintained on the outside, inside, and above the fence
- The NCZ must be free of any climbable objects such as trees, pot plants, outdoor furniture, BBQs, or trellis
- If the barrier has vertical openings wider than 10mm, an additional 300mm NCZ is required on the inside of the fence.
- Branches or structures that intrude into the NCZ must be removed or relocated
Maintaining this zone is critical to keeping your pool legally compliant and safe for kids. Pool fencing laws in NSW are strict for good reason, and local councils actively enforce them. If you’re unsure whether your setup ticks all the boxes, Sutherland Shire Council offers a detailed pool safety guide.
Final Thoughts: Fence Smart in the Shire
Fencing projects in the Sutherland Shire aren’t just about style or boundaries. They also come with rules, responsibilities, and sometimes, tricky conversations with neighbours. Whether you’re upgrading a tired fence, navigating pool safety laws, or building on a sloping block, it helps to know what’s allowed and what’s not. A little upfront knowledge can save you from costly mistakes or Council pushback later on.
If you need help planning or installing your fence, our team of experienced Sutherland Shire fencing contractors can guide you through compliance, materials and design. We stay across the latest NSW planning codes, local Council rules, and industry standards so you don’t have to. From Colorbond to timber and pool fencing, we offer tailored service for every property. Get in touch today by calling (02) 9538 7409 so we can help you sort through every requirement and build a compliant fence.
