Frequently Asked Questions & General Information
Here are a few question and answers which may help you.
Q: Where can I read the Fencing Act?
Please click here.
Q: Do I have to pay half the cost for my neighbour's fence?
A: Unfortunately the law is very clear (Fences Act 1968). If your neighbour wants to build a fence you MUST pay half the cost of a standard fence. If you refuse to co-operate a Magistrate can issue a Fencing Order against you which you must follow.
Q: I received a Fencing Notice -will the fence go all around my property?
A: If you received a Fencing Notice the fence will be built only along the border of your property and your neighbours property. This means, generally, only one fence down one side of your property. Also note that in most building contracts the fence will stop at the "building line" i.e. the fence will not go all the way down to the footpath. If you would like your fence to extend past the building line please contact RJL Fencing.
Q: Will the fence always go along the entire boundary of my property?
A: Not always. A fence can be installed only if there is at least a one metre clearance between the fence line and any obstruction such as a wall. If there is an obstruction the fence will be joined to the obstruction on both sides. This is often the case where, for example, the back wall of a garage is built very close to the boundary of the property i.e. the garage wall will serve as a fence. Also check your building contract; if the contract states that the fence will be built to the "building line" then you have not paid for the fence to be built all the way to the footpath. If you want a bigger fence built please contact RJL Fencing. In some situations there may also be covenants on land titles which specify where and what sort of fences can be built - check your title.
Q: What if I want more than the standard fence?
A: It is always possible to upgrade the type of fence being built for extra cost however the extra cost may have to be paid for entirely by the neighbour requesting the upgrade. Sometimes neighbours co-operate each to pay half the cost of an upgrade. Contact RJL Fencing for more information. My neighbour or I have a swimming pool. Does this matter? Yes. In order to minimize the risk of children climbing over the fence into an area with a swimming pool the "smooth side" (palings) of the fence must face away from the pool.
Q: Can I have the "smooth side" of the fence facing me?
A: You can make this request however it is always up to the Fencer's discretion as often he must place the palings in a specific direction.
Q: Can my neighbour insist on getting a fencing quote from another company?
A: Yes they can; in such a situation it is solely your responsibility to reach an outcome with your neighbour -RJL Fencing will not be able to assist you.
Q: Help! I got a fencing Notice!
A: If you have received a Fencing Notice in the mail here is what it means and what you have to do.Not everyone knows it but the fencing of properties is an area covered by the law and as a property owner you MUST comply with certain laws or risk being taken to court. Because of this it is important that you understand the Fencing Notice that you have received. Please take a few minutes to read through this information as it will help you to avoid any trouble and even better help you to get off to a good start with your new neighbour.The Fencing Notice that you have received has been sent to you by RJL Fencing. It is the law that RJL Fencing has to give this notice to you when a neighbour wants to have a fence built along one of the boundaries of your property. The notice tells you which neighbour wants the fence built. The notice also tells you what the cost of the fence will be. It is the law that you MUST pay half the cost of a standard new fence. This may surprise you but every new standard fence in Melbourne is paid for 50/50 when first built and the law applies to you too.What you now have to do is: read and understand the Fencing Notice (don't forget the back!) and fill in the blanks at the bottom of the Fencing Notice. You must return your completed Fencing Notice to RJL Fencing within 28 days of the date on the Fencing Notice. You may want to understand better what sort of fence you and your neighbour are getting and other issues. If you want to understand better what is written on the notice click here.
Please contact our friendly staff for any other matters and we will try to help.