Fences including front & boundary fences

Front Fence Height

The height of a fence, or part of a fence, that is within 3 metres of the street alignment at the front of that allotment must not exceed a maximum height of 2 metres for a declared road and 1.5 metres in any other case.  A declared road means a freeway or an arterial road within the meaning of the Road Management Act 2004.

The maximum height of a fence within 9 metres of a point of intersection of street alignments is 1.0 metre.  Note that the street alignment is the front title boundary, not the kerb and channel.

A fence adjacent to a street alignment or public open space must not contain barbed wire or other sharp protrusions unless:

• The fence is setback at least 150mm from the street alignment or public open space
• The barbed wire or other sharp protrusion is at a height of at least 2 metres above the level of the street or public open space.

Fence setbacks from side and rear boundaries

A fence exceeding 2 metres in height must be set back from a side or rear boundary not less than the distance specified by the following table:

Fence height at any point	Minimum setback from side or rear boundary at that point
More than 2.0m but not more than 3.6m	1m
More than 3.6m but not more than 6.9m	1m plus an additional distance calculated at the rate of 300mm for every metre of height over 3.6m
More than 6.9m	2m plus an additional distance calculated at the rate of 1 metre for every metre of height over 6.9m.

This requirement does not apply to a fence that complies with the requirements for fences on side and rear boundaries.

Fences on side or rear boundaries

The total length of fences that are more than 2 metres in height and that are constructed on, or within 150 millimetres of, a side or rear boundary of an allotment must not exceed, along the boundary, the greater of the following lengths:

• 10 metres plus 25% of the remaining length of the boundary of the allotment; or
• the length of any wall or carport constructed on an adjoining allotment that is on or within 150mm of the boundary of that allotment and that abuts those fences.

A fence constructed within 150 millimetres of a side or rear boundary of an allotment must not exceed:

• an average height of 3 metres;
• a height of 3.6 metres along the boundary

If a fence abuts an existing wall it may be constructed to the same height as that wall.

This requirement does not apply to a fence if:

• it is constructed on or within 150mm of a boundary that is a side or rear street alignement
• it is not more than 2.5 metres in height; and
• it is provided to comply with overlooking requirements of Building Regulations 2006, reg 419; and
• the part of the fence between 2 metres and 2.5 metres in height has between 20% and 25% of its area open.

Fences and daylight to existing habitable room windows

A fence exceeding a height of 2 metres must be set back from a habitable room window in an existing dwelling on an adjoining allotment to provide for a light court to the window that has a minimum area of 3 square metres and a minimum dimension of 1 metre clear to the sky.  The area of the required light court may include land on the adjoining allotment.

A fence with an average height of more than 3 metres opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the fence if the fence is within a 55^o angle in the horizontal plane about a vertical axis through the centre of the window.

The angle may be swung to not less than 35^o from the plane of the wall containing the window. If the window is above ground floor level, then for the purposes of that sub-regulation, the wall or carport height is to be measured from the floor level of the room containing the window.

Fences and solar access to existing north-facing habitable room windows

The regulation applies if:

• a fence more than 2 metres in height is to be constructed on an allotment; and
• a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is within 3 metres of a boundary of the allotment on which the fence is to be constructed; and
• the window is orientated towards the boundary.

The proposed fence must be set back from the boundary not less than the distance specified in the following table for a distance of 3m from the edge of each side of the window or that part of the window that is within 3m of the boundary.

Fence height at any point	Minimum setback from side or rear boundary at that point
3.6m or less	1m
More than 3.6m but not more than 6.9m	1m plus an additional distance calculated at the rate of 600mm for every metre of height over 3.6m
More than 6.9m	3m plus an additional distance calculated at the rate of 1m for every metre of height over 6.9m

A north facing window is defined as a window with an axis perpendicular to its surface oriented north 20^o west to north 30^o east.

Fences and overshadowing of recreational private open space

A fence more than 2m in height must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight and between 9 a.m. and 3 p.m. on 22 September.

If a fence is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required as noted in the above paragraph, the amount of sunlight to that area must not be further reduced by the construction of the fence.

In this regulation the required minimum area of a recreational private open space is the lesser of

(a) 75% of the recreational private open space; and(b) 40 square metres with a minimum dimension of 3 metres.

Recreational private open space means any part of private open space on an allotment-

(a) which is-
(i) at the side or rear of an existing dwelling on the allotment; or
(ii) within the front set back of an existing dwelling on the allotment and which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1.5m high and that has no more than 25% of its area open; and

(b)   which is primarily intended for outdoor recreation activities.

Notes

As a fence between properties in usually in joint ownership both parties need to be in a agreement prior to any alterations or additions.  It is unlikely that a normal fence between properties will be structurally sufficient to support any significant additions.

A building permit is required for a fence, screen or structure similar to a fence which:

a) exceeds 2m in height
b) exceeds 1.5m in height when within 3m of a street
c) exceeds 1.2m in height when within 3m of a street and is constructed of masonry, concrete or the like
d) exceeds 1.0m in height when within 9m of a point of intersection of street alignment
e) has barbed wire or the like when adjacent to a street
f) forms part of a safety barrier for a swimming pool or a fence forming part of a childrens service outdoor play space

The report and consent of the relevant Council must be obtained for an application for a building permit in relation to a design that does not comply with the Building Regulations.

This information is provided in good faith however should not be relied upon at the exclusion of referring to the Building Regulations.  No responsibility will be accepted for any errors or omissions.

For further information contact Wyndham City Building Services Department on 9742 0713.

Further Information