In South Australia normally Council building approval is required for fences over 2 metres in height and masonry walls over 1 metre in height. Most Councils also have height restrictions (around 1 metre) on fencing in the proximity of street intersections (ie corner blocks). Swimming pools must be fenced according to the safety provisions of the Swimming Pools Act, 1972.
Disputes between neighbours over common fencing can often occur in certain situations and if they go to Court are resolved under the provisions of the Fences Act, 1975;
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A guide for neighbours produced by the Legal Services Commission of SA is designed to help resolve such disputes and avoid the need for Court action. Called "FENCES AND THE LAW" and sponsored by the Local Government Association, the booklet can be obtained from most Council offices and is reproduced below. |
Examples of situations which can lead to disputes include;
1. When one of the properties is being redeveloped a survey may indicate an incorrect existing fence alignment or the new plans may involve building right up to the boundary and involve removing a section of fence or cutting away or building up the soil levels adjacent to the fence;
2. One party may want to replace an existing fence with a fence of different material and the other party doesn't;
3. One neighbour may want a fence repaired or the height changed, while the other doesn't.
Mostly however common fences are constructed with the mutual agreement of neighbours and without the need to sign formal agreements or serve the notices contained in the booklet.
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Click on thumbnails to
enlarge and 'back button' to return!See Notice and Cross Notice Forms on pages 13, 14 and 15 below, and a Work Agreement Form on page 17. |
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© Copyright 1998; Adelaide Brush, 23 Pangari Drive, Fairview Park, South Australia 5126; Tel +61 8 82513309, Fax. +61 8 82893155, Mobile 0418 841 889.
