Fences rules in New South Wales (2026)

Most residential fences in NSW are exempt development under the Codes SEPP, so no DA or CDC is needed - up to 1.8 m behind the building line and 1.2 m in front of it. Masonry is capped at 1.2 m anywhere, and the exemption switches off on heritage items and in heritage conservation areas.

Fast-track available

Usually no approval needed within the exempt heights

Approval pathway: The exempt development standards for fences sit in the General Exempt Development Code of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and are set by zone; separate complying development standards apply under the Housing Code. Meet every standard and no approval of any kind is required. Exceed a height, use masonry above 1.2 m, or build on a heritage item, in a conservation area or on environmentally sensitive land, and you need a Development Application to council. A pool barrier is separately regulated under the Swimming Pools Act 1992 regardless of planning approval.

Key rules at a glance

Max height (front setback)	1.2 m above existing ground level forward of the building line, or in the setback to a primary or secondary road
Max height (side/rear)	1.8 m above existing ground level behind the building line
Masonry limit	No masonry construction above 1.2 m - a taller brick or block fence needs a DA
Approval needed?	No DA or CDC if every exempt standard is met; a DA to council otherwise
Pool fence	Min 1.2 m, compliant with AS 1926.1; a boundary fence used as part of the barrier must be at least 1.8 m
Dividing fence law	Dividing Fences Act 1991
Who pays?	Adjoining owners contribute equally to a 'sufficient dividing fence'; anything above that standard is at the requesting owner's cost

Conditions & eligibility

The fence must not incorporate barbed wire or be electrified in a residential zone
Metal components must be low-reflective, factory pre-coloured material
On a sloping site a stepped fence must be no more than 2.2 m above existing ground level at each step
The exemption does not apply on a heritage item, in a heritage conservation area, or on environmentally sensitive land
To recover half the cost, serve a written fencing notice on your neighbour describing the work and the cost
Your neighbour has 1 month to respond; after that either owner can go to a Community Justice Centre for mediation, or to the Local Court or NCAT

Overlays can change your eligibility

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.

HeritageFlood

Check your address for overlays →

How approval works in New South Wales

The exempt development standards for fences sit in the General Exempt Development Code of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and are set by zone; separate complying development standards apply under the Housing Code. Meet every standard and no approval of any kind is required. Exceed a height, use masonry above 1.2 m, or build on a heritage item, in a conservation area or on environmentally sensitive land, and you need a Development Application to council. A pool barrier is separately regulated under the Swimming Pools Act 1992 regardless of planning approval.

Council DCPs commonly add front-fence design controls, corner-lot sightline splays and materials rules on top of the state exempt standards, so check your local DCP before building forward of the building line.

Fences rules by council in New South Wales

Local councils apply the New South Wales framework and can add their own controls. Pick your council:

Blacktown Canterbury-Bankstown Parramatta Central Coast Sydney Liverpool Penrith

Frequently asked questions

How high can a fence be in NSW without council approval?

Up to 1.8 m above existing ground level behind the building line, and up to 1.2 m forward of the building line or in a road setback. Masonry is limited to 1.2 m anywhere.

Does my neighbour have to pay half the fence in NSW?

Yes, for a 'sufficient dividing fence' the Dividing Fences Act 1991 makes adjoining owners liable in equal shares. If you want something better than sufficient - say sandstone instead of timber - you pay the difference.

What happens if my neighbour ignores my fencing notice?

After 1 month you can try free mediation at a Community Justice Centre, or apply to the Local Court or NCAT for an order about the work and the cost split.

Sources

Last reviewed: July 2026. Rules can change — verify with your council before starting work.

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 NSW Planning Portal - exempt development: fences before starting work. Last reviewed: July 2026.

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