Fences rules in Australian Capital Territory (2026)
In the ACT a side or rear boundary fence between neighbours is exempt development up to 2.3 m above natural ground level, provided it sits behind the front building line. Street-facing front fences are generally not permitted as exempt development and need a development application.
Side and rear fences exempt to 2.3 m; front fences need a DA
In the ACT a side or rear boundary fence between neighbours is exempt development up to 2.3 m above natural ground level, provided it sits behind the front building line. Street-facing front fences are generally not permitted as exempt development and need a development application.
Key rules at a glance
| Max height (front setback) | Street-facing front fences are generally not exempt - a development application is required |
| Max height (side/rear) | 2.3 m above natural ground level, behind the front building line |
| Approval needed? | No DA for a compliant side or rear fence; a DA for front fences, taller fences, or fences abutting unleased Territory land |
| Building approval | Not needed for most fences and walls |
| Pool fence | Min 1.2 m, compliant with AS 1926.1 |
| Dividing fence law | Common Boundaries Act 1981 |
| Who pays? | Costs are generally shared equally between adjoining occupiers; the ACT Government does not fund fences on leased land |
Conditions & eligibility
- The exempt height is measured above natural ground level and applies only behind the front building line
- Property demarcation up to 400 mm above ground level, hedges, and repairs matching an approved design are all exempt
- A fence on a boundary with unleased Territory land needs a DA unless a development condition requires it
- Give your neighbour a written 'notice to discuss the fence' setting out the work and inviting discussion
- 30 days must pass after the notice before either occupier can apply to ACAT
- ACAT has exclusive jurisdiction over common boundary disputes; free mediation is available through the Conflict Resolution Service
Heritage, flood and bushfire controls on your specific lot can remove the fast-track and require a full application — even when the general rules say you're fine.
How approval works in Australian Capital Territory
Exemptions sit in the Planning (General) Regulation 2023 and the Planning (Exempt Development) Single Dwelling Housing Code 2023, made under the Planning Act 2023. Side and rear fences behind the front building line, property demarcation up to 400 mm, hedges, and like-for-like repairs of an approved fence are all exempt. A development application is needed if the fence exceeds the exemption, faces the street, or sits on a boundary with unleased Territory land. Most fences do not need building approval, but a survey is recommended so the fence lands on the boundary.
The ACT has no local councils - the Territory Plan and the planning authority set the rules territory-wide, though precinct codes and heritage registrations can add front-fence controls in specific suburbs.
Fences rules by council in Australian Capital Territory
Local councils apply the Australian Capital Territory framework and can add their own controls. Pick your council:
Frequently asked questions
How high can a fence be in the ACT?
A side or rear boundary fence between neighbours can be up to 2.3 m above natural ground level as exempt development, as long as it is behind the front building line. Front fences facing the street generally need a development application.
Does my neighbour have to pay half the fence in the ACT?
Yes, generally. Costs of a dividing fence are shared equally under the Common Boundaries Act 1981, unless one party damaged the fence or wants a more expensive fence than the other.
What do I do if my neighbour will not discuss the fence?
Give them a written notice to discuss the fence. Once 30 days have passed you can apply to ACAT, which has exclusive jurisdiction over common boundary disputes, or try free mediation through the Conflict Resolution Service.
Sources
- Fences - ACT Planning ↗
- Common Boundaries Act 1981 - ACT Legislation Register ↗
- Fence disputes - ACT Civil and Administrative Tribunal ↗
Related building rules
This is general guidance, not professional planning advice. Figures are summarised from the sources above and can change — confirm with your council or the ACT Planning - fences before starting work. Last reviewed: July 2026.
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