Does Council contribute to half the cost of fencing repairs when my property borders a reserve?
For Fences Dividing Council Land and Private Properties
Under the Fences Act 1968 and the Fences Amendment Act 2014 (DOCX, 78.19 KB), Council is only liable to pay half the cost of fencing to the same extent as a private person i.e. where land owned by them is used for the purposes of the municipality or a Council owned or managed business.
Where the land is used as a public reserve (walkways, road reserves, tree reserves etc.) or a public park, Council is exempt from its fencing responsibilities as it is not considered to be an ‘owner’ but merely as a custodian or trustee for the public. Accordingly Council is not required to make a contribution towards the cost of a new fence, fence repairs or removal of graffiti.
To determine the ownership of the adjoining property assumed to be Council owned please fill an enquiry form. To obtain a copy of the enquiry form please contact us.
If it is determined that your property borders a Council owned property you are requested to obtain (2) fencing quotes for repairs or replacement and submit these to Council’s Assets Department. In the case of new fencing, Council will only contribute to half the cost of a standard paling fence ie. 5’4” (1.63 metres) high. Council will not pay for any additional costs for colorbond fencing or higher fences. If you require a non-standard fence, the quote must additionally include the cost of a standard paling fence.
Council will consider the submitted quotes and carry out an inspection prior to any works. Council will then contact the property owner and fencing contractor to arrange works. A further inspection will be carried out by Council at the completion of works.
If you require ownership information of a neigbouring property which is privately owned, the prescribed Council application form (DOC, 52 KB) must be completed in its entirety and submitted.