Browse Forums General Discussion 1 Aug 26, 2014 11:06 pm Currently having a dispute with my neighbour as to whether the side fence is sufficient or not. Can anyone provide advice about what is considered to be a sufficient fence in terms of condition, appearance, and anything else in Victoria? This fence is probably 30 - 40 years old, made of corrugated asbestos sheeting and is cracked in various places. I say I want a new fence, he says 'its sufficient'. Re: Requirements for a sufficient boundary fence in Victoria 2Aug 27, 2014 5:54 am If you are worried about asbestos in a fence probably the best people to contact are the Health Dept of your Council. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Requirements for a sufficient boundary fence in Victoria 3Aug 27, 2014 12:18 pm The Fences Act 1968 is the governing legislation in Victoria (http://www.austlii.edu.au/au/legis/vic/ ... /fa196867/) Section 4 states that the dividing fence must be "sufficient for the purposes of both occupiers" but what exactly that phrase means is not clarified. As Bashworth has said, it may be an idea to contact your local council as a cracked asbestos fence would concern me from a health perspective (my understanding is that asbestos is fine until it starts to break down, releasing fibres into the air). If the council can help you out by assessing the fence to be a health risk then I think you would have a strong argument for replacing it. Of course removing an asbestos fence and putting in a replacement is going to be somewhat costly which is probably why your neighbour is happy to just leave it as is. You can always resort to making a court application as outlined in the Act but that's going to cause irreparable damage to your relationship with your neighbour. Re: Requirements for a sufficient boundary fence in Victoria 4Aug 27, 2014 12:49 pm A lot of state fence legislation is vague on what constitutes "good condition" and so this is left up to the VCAT judge. But it will go like this - the structural integrity of the fence must be as good as new. If it isnt its a defect, and liable for repair. - the aesthetics of the fence must be as reasonably close to the installation when new. IT doesnt have to be brand spanking new, but once fading, rust, heat fatigue, bird dropping, etc start taking a toll so that it looks far from new, that's an aesthetic repair to be fixed. In short it has to be in pretty good nick all ways. In your case, its a structural and aesthetic defect. Either party has a right to insist it is repaired at both owner's expense. That fact that it is asbestos is a secondary issue and you cant demand it be removed for health reasons, however to deal with it "professionally" it may cost you more than it is worth to repair, and a new material may be more cost effective. Now it sounds like your neighbour is a possible donkey-hole and potential trouble, so politely inform him of his obligations using grom40's link in an official "Notice to Fence" (Read the Fences Act to get the details) . If neighbour gives you trouble, get back to us. It might be a bit darker in the mornings but the light is still light, so you should be getting it. Similar to what you see from your western windows 3 19978 Building Standards; Getting It Right! Hi everyone, My lot has just been titled and during the settlement we found that the rear pegs were not visible. We requested for a re-establishment and pegging plan… 0 18930 Hi, It’s important to keep in mind that dividing fences have thickness, so it’s impracticable to expect them to be wholly constructed within the neighbouring… 2 15840 |