Fence appeared without any consultation??

You can image our surprise that a new dividing fence has just been built between us and our neighbour. No communication, no quote, no contact or consultation.

Has anybody had to navigate this awkward situation before?

Previously no notice was required unless a contribution was requested but this has changed now and a notice should generally be served
https://www.justice.vic.gov.au/fencing-law-in-victoria

On my previous vacant block my neighbor gave me 1 days notice that they were building a fence. I was a little miffed but paid my share to maintain a good relationship with my future neighbor. I eventually sold the block but bought one across the road so they are still me neighbor.

If it was me I would just check that the fence is in the correct location and let it ride. If the neighbor asks for a contribution I would request the quote/invoice and check this against the current fencing rates. I would probably politely ask why they didn't contact me but would still tend to pay in an attempt to maintain neighborly harmony.

Thanks, appreciate you taking the time to reply.

If they've put up the fence without consultation or quote, I wouldn't expect to be asked for any contribution towards it. Free fence yay!
Just make sure it's installed in the correct position.

Depending on the state you're living in if you haven't started building yet then there was probably no need to notify you.

IIRC you are still liable for 50% of the basic cost (i.e. 1.8m panels and posts - no sleepers, no extensions, no taller 2m high panels etc).

If you haven't started building, the boundary pegs may have been disturbed by the fencing, which would mean you can expect a re-survey before site start. Now is the time where your neghbourly relationship tests begin.

Not necessarily.

In Victoria the person who installed the fence is in breach of the Fences Act.

OP could in theory apply to the Magistrates' Court to have the fence removed (or for other orders) and then formally begin negotiations.

If you intended to install a Double Brick Fence and pay the extra costs for it and hadn't begun negotiating with your neighbor a Post and Rail fence being installed even if you don't have to pay isn't going to make you happy.

The person who installed the fence would need to apply to the Magistrates' Court for contribution to the Fence, but they'd be battling uphill without having provided a fencing notice that they intended to seek contribution from OP.

The party erecting the fence needs to make "reasonable enquiries" about the owner to serve the notice. They can actually erect a fence without having ever issued a notice. Proving sufficient enquiries were made are much easier to concoct even when false than for someone to prove their neighbor breached the act and try for a removal of a fence.

If a fence is required between two properties, i cant see a court ordering its removal unless the boundaries weren't observed or there is some other crazy aspect to the fence (i.e. a 10m concrete wall instead of a fence that matches those of the area). Thus requiring the other party to be liable for the cost of the equivalent of 50% of a "sufficient" fence. Yes an application needs to be made to the magistrates court for half of the sufficient fence cost, but those are bread and butter in 99% of the cases and the costs are awarded 99% of the time.

The other aspect to consider is who in their right mind would try to spend money arguing a fence needs to be removed, then paying for 50% of a fence to be erected again? That value proposition doesn't make sense unless the fence has some seriously detracting element to it or is encroaching on the complainants land.

Moral of the story, pay for half the fence unless its encroaching on your land or not of a substantially similar character to those of the area.

^ this is the most sensible approach. If they ask you for 50%, pay it. You also don't want to get on the bad side of your neighbour at the very start of your new relationship. You could politely ask why they didnt come talk to you first, but best to just get it over with and enjoy.

If you think reasonable enquires doesn't involve asking the Council for the contact details on the rates notice of the neighbouring property I've got a bridge to sell you.

And Councils keep records of requests for details for the purpose of fencing notices, which would need to be presented to the Court as proof that the reasonable steps had been taken, along with the registered post tracking showing that you served the notice.

Applications for half of the costs are 'bread and butter' where appropriate notice was given and the correct process followed.

Why might the Magistrate order a fence torn down? plenty of reasons.

As I stated, if I wanted a brick fence that costs $10,000 and a standard fence is $3,000 I might be prepared to pay for the extra $7k to get the brick fence put up, neigbour doesn't care, he gets a better fence for the same price, its a win-win.

But if the neighbour puts up a $3,000.00 standard fence without going through the correct process and now wants me to pay half I'm faced with the prospect of spending $1,500.00 to keep a fence I don't want, or negotiating with the neighbour (the correct way) getting approval for the brick fence, spending $1,500 on half of the standard fence that got installed, $1,000 on demolishing the standard fence and then $10,000 for the brick fence I wanted in the first place.

Now my extra 7k for a fancy brick fence has turned into $12.5k because my neighbour didn't follow the correct process.

Now is that a common scenario, no, but you can gaurantee its happened before and caused plenty of animosity.

the first two times i called my council to get contact details, no one knew what to do and gave me bull$hit "privacy" responses. I could have left it there as "reasonable attempt" rather than lodging a complaint to get through to someone who wasn't new/stupid. Councills keep records of stuff that they have done, not of what they failed to do, so yeah, there's that. remember - "reasonable" is subjective and easily argued.

a 10k brick fence is unlikely to have been substantially similar to that of any area. So that example and point is moot. Your liable for half of what is substantially sufficient - which is usually a pail/rail or colourbond fence. I think that's pretty clear. If your neighbour made "reasonable attempts" you could fight for a breach of the act all you like. Your 12k fence will likley cost you 20 lol. You can argue your edge cases all you like and is irrelevant to the points i was making and the OP

What makes you think the neighbor will agree to the brick fence in the first place?

Exactly

If your neighbour offers a fence thats 4x the price of the one you have and to pay for it are you going to say no unless you specifically object to the aesthetic?

No, you'll take the better quality product for free and be happy.

Or do you think people are in the habit of turning down free upgrades?

And if you provided the fencing notice and did it the right way you can go through the proper dispute resolution to come to an agreement on what is installed.

Or you can just install whatever you want like in OP's instance and think, hurr durr i built first i win, pay me half.

personally, i would've said no, unless you're willing to upgrade all 4 of my fences. i'd take 4 fences that look the same, over one that's standing out.

And if your other 2 neighbours want something different to what you want??

Its pretty presumptuous of you to assume that its seen as an upgrade to the other person. What happens if sometime later, the fence fails for some reason or other and needs to be replaced? Is the neighbor liable for half the cost of replacement or will you foot the entire bill again?

As someone else pointed out, and you yourself, there is an aesthetic component. An "upgrade" isn't always an upgrade. A similar example is pools - not everyone likes them or wants them. Its common knowledge that a pool reduces the number of potential buyers. Its arguable that a brick fence in an area where it its not the norm could do the same.

The act provides for the ability for an owner who built first to put up whatever, within reason, substantially sufficient and in character of the area and after reasonable attempts were made. In estates there is usually only one approved option - so again your brick fence point is moot.

Hi can you tell me a bit more information on your comment
I am in a similar situation
This is my story

I am almost done with my construction and keys will be in my hand in a few weeks. And I plan to rent out my property..
I initially contacted my neighbours by getting the information from the local council. Initially wanted them to contribute 50% as they should fairly do..
My Nextdoor is an empty land ..and the owner wants me to wait without doing a fence until they finishing building their house. They say their garage will be built to the boundary according to their plans..
They plan to start in about 3 months and if build goes for 6 months that means I am to stay without a fence on one side almost 10 to 11 months.
Right now I am happy to 100% for the fence.I cannot rent out a property without a fence according my my real estate agents.
Can I build the fence without their consent. ?
I’m in Victoria

i would talk to your neighbor and suggest that their builder removes the section of the fence to do the garage when it comes to it, and you yourself can let the tenants know straight away when they sign the lease that this will be happening at some point. that's what we did when we were in the position of your neighbor.