City of Canning - Dividing fences

Dividing fences

Reporting dangerous as well as overheight fences, fences causing an obstruction or encroaching into City land.

Last updated on: 26 June 2024

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Urgent requests

If the dividing fence is creating a hazard, please report it to the City by calling 1300 4 CANNING (1300 422 664).
This will allow an officer to respond with the highest priority.

A dividing fence is usually a 'sufficient fence' that separates the land of different owners. It does not include a retaining wall.

The Dividing Fences Act 1961 (the Act) combines with local government by-laws to regulate the erection and maintenance of dividing fences in Western Australia.
The Act provides a process for sharing costs between neighbours, the determination of boundaries and a mechanism for courts to deal with disputes over fences.
It does not apply to retaining walls, fence height restrictions or encroachments.
The Dividing Fences Act was developed by the Government of Western Australia, Department of Commerce, Building Commission.

The City's Compliance team will respond to complaints about:

Building approval is required when a brick or masonry fence exceeds 0.75m in height.
Generally, the City does not require building approval to construct a dividing fence using materials such as cement-fibre sheets, colourbond or timber erected in accordance with manufacturers specifications.
The minimum acceptable design and height for a sufficient residential dividing fence for suitably capped fibre cement sheets and colourbond is to a height of between 1.8m to 2.2m from the higher ground level to either side of the boundary.
All gates in fences must open into the property and not out onto streets, footpaths and verges.
Dividing fences, unless designed to do so, are not to be used as a retaining wall.
Barbed wire, electrified and other dangerous fencing materials are not permitted in residential areas. Some exemptions may apply in rural, commercial or industrial zones

When building a new, fence (or repairing dividing fences), the placement and cost of the dividing fence is a civil matter between adjoining land owners.
Residents are advised to liaise with their neighbour in the first instance.
The Building Commission website contains a brochure 'Dividing Fences - A Guide' which provides information on entering into negotiations with your neighbour.
In some cases, you may need to apply to your local government for planning and/or building approval to build or alter your dividing fence (refer Approval Requirements above).

Regulation 29B of the Local Government (Administration) Regulations 1996 states that a person seeking owner occupier, electoral or ratepayer details is required to complete a statutory declaration form stating that the information obtained will not be used for commercial purposes by themselves or another person. Persons unable to make this declaration are not able to receive the information.
Before completing and signing the Statutory Declaration form, please call the City of Canning (1300 422 664) so that we can discuss your specific circumstances and recommend the best course of action. Please note that the Statutory Declaration needs to be signed by an authorised witness (this can be in person with one of our staff or a person listed on the last page of the declaration form)

In person:

City of Canning, Corner George Street West and Albany Highway, Cannington WA

Hours of business: Monday to Friday, 8.15am - 5.00pm

Mail the completed and witnessed statutory declaration to:

City of Canning

Locked Bag 80

WELSHPOOL WA 6986

Please Note:

Only original witnessed statutory declarations, providing the required information, will be accepted. Digital copies cannot be accepted.
Adjoining neighbour information will be provided free of charge.
Other requests for information about owner occupiers, electors and ratepayers may incur a fee as outlined in the City of Canning's fees and charges

Fencing complaints can also relate to issues with fences made from asbestos.
If you are reporting an issue with a fence and you are concerned about asbestos, please refer to Asbestos knowledge to ensure health risks are raised as a priority.

Dividing fence disputes between adjoining neighbours, that cannot be resolved, should be referred to a solicitor for legal advice.
Neighbour disputes can be referred to Citizens Advice Bureau, who may be able to provide advice and assistance.

Generally neighbours are liable to evenly share the costs of installing a dividing fence.
Government bodies (including local government) are exempt under the Act from contributing to the installation, maintenance and all associated costs pertaining to dividing fences.
Residents whose properties adjoin State Land are solely responsible for their boundary fence installation and maintenance.

A person seeking to alter the ground level at or near the boundary of their lot, by either filling above or cutting below the natural ground level, is responsible for providing a suitable retaining wall.

People are sometimes unaware that their activities are causing a problem.
The City encourages all residents and business operators to talk to their neighbours about problems before making a complaint.
For supporting information, please see the resolving disputes with neighbours page.

This type of request cannot be anonymous.
Contact details are required when lodging this type of issue to ensure a proper investigation can be completed. It also provides the City with the ability to clarify information to ensure officers have a safe working environment.
Personal information is not disclosed to any person without consent.

To raise a request for non-compliant dividing fences, please click on the button below.
An officer will investigate within five (5) working days.

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