Who pays for a new fence?

Shady · Apr 03, 2008 5:34 pm

MMM,
Well my sources might be a little long winded but

http://www.dhw.wa.gov.au/193_359.asp

Department of Housing & Works W.A.

"The Department of Housing and Works administers and provides general information on the Dividing Fences Act 1961 to the community and Local Governments."

To the best of my knowledge the Dividing Fences Act is nationwide but I am aware that states/councils and even developers can add things to it.

I did have trouble finding it again as most of the web pages didnt mention anything on this at all. If It's wrong, I'm sorry!

"The erection of a new fence where one or both blocks are vacant

Where one or both blocks of land are vacant, the situation is slightly different. You should still attempt to negotiate with the owner of the adjoining block out of courtesy. If you are able to agree with the other owner, you should record the agreement in writing, and erect the fence according to the terms of the agreement.

If you are unable to agree with your neighbour, either of you may erect a dividing fence provided it is a sufficient fence (according to your local government regulations. You would then be able to require your neighbour to contribute to the cost of the dividing fence once they had completed a building or substantial structure on their land (under the Act, a person is not liable to contribute to the cost of erecting a dividing fence until they have completed a building or substantial structure on their land). "

teml · May 12, 2008 2:45 pm

Well some time has passed now and I have since spoken with the Land developer's agent who has stated that the developer has included a clause in his contract which removes him for any liability for fencing costs. If true (I still ned to verify this), then my only option is to wait until the surrounding lots are sold and the new owners move in to serve them with a fencing notice.
Someone (Richard?) kindly sent me some links to some useful info which will help come time to serve notice.

http://www.fencingonline.com.au/disputes/victoria-notice-02.htm
http://www.parliament.vic.gov.au/lawreform/fences/quickguide/default.htm
http://www.austlii.edu.au/au/legis/vic/consol_act/fa196867/
http://www.fencingonline.com.au/disputes/victoria-notice-02.htm

First_Timer_Ray · May 12, 2008 9:17 pm

We have sent off our notices and quote but are yet to hear back (has been one week). It seems the adjoining lot is not owned by the developer as council provided us with a different name and address (although it seems to be a company?). I guess we shall wait and see.
The fencing company had the letter (notice to fence) all typed out and attached to the front of the quote ready to send to the other owners (for their portions respectively). They have 10/10 so far for being prompt and efficient... just hope their fences are as good!

Ray.

Mission · May 12, 2008 10:57 pm

vanderlay

**Phoenix**

Correct!!!
This is the case regardless...temp fencing is a mandatory requirement.

Sorry P....but it's not!! Our council didnt require it, so we saved $750 odd by not having it!! and not one thing went missing from our site.....

Builders seem to tell you you need it and take the $$$ unless you make the effort to find out!! :evil:

Hey guys, i'm building(at least trying) my first home and it's not the council, according to my building inspector and insurance company it is for insurance purposes that some kind of fence is errect around the building site, wood or cyclone, or whatever, it's only for insurance though most builders don't care. OH&S do though.
make sure you get it built last though... don't want some kind of building accident to go through or knock down your nice new fence.