Fences rules in Western Australia (2026)
WA is the one state where the rules are genuinely local: each local government makes a fencing local law that defines a 'sufficient fence' and sets heights and materials. As a general baseline, a non-masonry fence up to 1.8 m outside cyclonic wind regions does not need a building permit, and street-facing fences are usually solid to 1.2 m with visually permeable infill above.
Depends on your local government's fencing local law
WA is the one state where the rules are genuinely local: each local government makes a fencing local law that defines a 'sufficient fence' and sets heights and materials. As a general baseline, a non-masonry fence up to 1.8 m outside cyclonic wind regions does not need a building permit, and street-facing fences are usually solid to 1.2 m with visually permeable infill above.
Key rules at a glance
| Max height (front setback) | Typically solid to 1.2 m with visually permeable infill above, up to about 1.8 m, under the R-Codes deemed-to-comply provisions - note a solid masonry element over 0.75 m triggers a building permit |
| Max height (side/rear) | Set by the local fencing local law - commonly a minimum of 1.8 m and a maximum of about 2.4 m for a dividing fence |
| Building permit | Required unless exempt. Where no local fencing law applies, Building Regulations 2012 Schedule 4 exempts a fence only up to 0.75 m if masonry, or 1.8 m if built of another material, and not in cyclonic wind regions C or D - so a solid masonry front fence over 0.75 m needs a building permit |
| Approval needed? | Check your local government's fencing local law first; planning approval is needed if a street fence fails the R-Codes deemed-to-comply test |
| Pool fence | Min 1.2 m, compliant with AS 1926.1; local governments must inspect pool barriers at least every four years |
| Dividing fence law | Dividing Fences Act 1961 |
| Who pays? | Your share is half the cost of a 'sufficient fence' as prescribed by the local government's fencing local law - upgrades above that standard are at your own cost |
Conditions & eligibility
- 'Visually permeable' under the R-Codes means gaps of 50 mm or more covering at least one third of the surface, or gaps under 50 mm covering at least half
- Sightline truncations are required at corners and either side of a driveway
- Masonry fences and fences in cyclonic wind regions C and D generally need a building permit
- Give your neighbour written notice, delivered personally or by registered post, before you start fencing work you want them to share
- If you build a sufficient fence without agreement you can still claim half its value from the adjoining owner
- If you cannot agree, either owner can apply to the Magistrates Court, which is guided by the local fencing local law
- A masonry or brick fence over 0.75 m needs a building permit where no local fencing law applies - the non-masonry exemption of 1.8 m does not cover it.
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 Western Australia
Three things can apply. Your local government's fencing local law sets what fence is permitted and whether a licence or permit is needed. The Building Regulations 2012 exempt a fence made of material other than masonry, no more than 1.8 m high and not in wind region C or D, in districts where no local law applies. Planning approval under the Residential Design Codes (SPP 7.3) is triggered when a street fence does not meet the deemed-to-comply provisions.
This is the state where the council genuinely decides - fencing local laws differ substantially between local governments on height, materials and street fence design, so check yours before ordering materials.
Fences rules by council in Western Australia
Local councils apply the Western Australia framework and can add their own controls. Pick your council:
Frequently asked questions
How high can a fence be in WA?
There is no single statewide figure. Dividing fences are commonly 1.8 m and street fences are usually solid to 1.2 m with permeable infill above; the binding number comes from your local government's fencing local law and the R-Codes.
Does my neighbour have to pay half the fence in Western Australia?
Yes, for a 'sufficient fence'. Under the Dividing Fences Act 1961 your neighbour is liable for half the cost of the sufficient fence prescribed by the local fencing local law - if you want something better, you pay the difference.
Do I need a building permit for a fence in WA?
Often not. A fence made of material other than masonry, no more than 1.8 m high, outside cyclonic wind regions C and D and in a district with no relevant local law is exempt. Masonry fences and fences in cyclone areas usually need a permit.
Sources
- Dividing fences - Government of Western Australia ↗
- Dividing Fences Act 1961 - WA Legislation ↗
- State Planning Policy 7.3 - Residential Design Codes ↗
- Residential Design Codes - Department of Planning, Lands and Heritage ↗
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 WA Government - dividing fences guide before starting work. Last reviewed: July 2026.
Get free quotes in Western Australia
Tell us what you're building. We'll connect you with licensed local builders and designers who know the council requirements — no obligation, no cost.
- Licensed, local trades
- Compare quotes before you commit
- No cost, no obligation