Fencing

Private property

The following categories of fencing do not require Council approval, unless located within one of the areas listed below:

  • Colorbond, chainmesh, zincalume or similar, not exceeding 2.1 metres in height
  • masonry (brick/stone) walls not exceeding 1 metre in height
  • fences not exceeding 1 metre high within 6m of the intersection of two boundaries facing a road.

All fences exceeding the above requirements do require development approval from council.

In addition, the following types of fencing also require development approval from council:

  • swimming pool safety fencing in conjunction with an application for a pool/spa or where being constructed in relation to a pool/spa approved on or after 1 July 1993
  • brush fencing (Building Rules Consent only).

All fences in the following areas require council approval:

  • Hills Face Zone
  • Historic (Conservation) zones or Historic Township Zone
  • State or Local Heritage Place
  • Regional Centre zone

Applying for council approval

If you need council approval, you will need to fill in an application form, provide plans of the proposed fence, and pay the relevant fees. Please refer to our information sheet on how to make a development application or please contact Customer Service on (08) 8384 0666 for a booklet.

Fences and your neighbour(s)

Whether you need Council approval or not you should consider your legal obligations as well as the convenience and safety of your neighbours if you are building a fence on a common boundary. It is always best to speak to your neighbour before undertaking any fencing work. There may be legal requirements to notify your neighbour, and to share costs of the fencing. These responsibilities lie between neighbours and are not subject to Council approval or control. Information on your rights and obligations under the Fences Act may be obtained from the Legal Services Commission of South Australia, helpline 1300 366 424, http://www.lsc.sa.gov.au/

Encumbrances and easements

If your property has an easement and your fence proposes to cross it, you may need the approval of the authority in which the easement vests. Encumbrances can also sometimes apply to a lane which may restrict the type, size and location of fences. Encumbrances are enforced by the Encumbror (usually the original developer) and not by Council. It is recommended you check your Certificate of Title for any restrictive easements or encumbrances.

Adjoining council property

If you wish to erect or repair a fence that shares a boundary with council property, a notice can be served on council requesting us to share the cost.

Note that council will not contribute towards the costs associated with fencing if the property:

  • adjoins a walkway
  • adjoins a reserve which is over 1 hectare in size
  • is a drainage reserve
  • adjoins a public road or road reserve
  • is a buffer reserve

More information about Fences and the law is available on the Legal Services Commission website: http://www.lawhandbook.sa.gov.au/ch31s02.php 

For more information, please contact our Customer Relations team on (08) 8384 0666.

Further information can be obtained by referring to the Fences Act 1975.       



 

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