Dividing fences
Information about fences on a boundary between public housing and other properties
If you’re considering building a new fence, making changes to an existing fence or need to report damaged fencing on a boundary between a property you own and a public housing property owned by the Queensland Government, contact your nearest Housing Service Centre for advice.
If the property is owned by the Queensland Government but is not public housing, contact us to discuss options.
If you have a general query about dividing fences, read our general information about fence, tree and building disputes.
Disputes about dividing fences are covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
Responsibility for paying for fences
Generally, a fence on a property boundary is owned equally by the adjoining owners and both owners are equally responsible for the costs of the fence.
If one owner wants more work done than necessary for a ‘sufficient dividing fence’, they are responsible for paying the extra cost. (See the Neighbourhood Disputes (Dividing Fences and Trees) Act for the full definition of a ‘sufficient fence’.)
Generally, a sufficient fence is both:
- 0.5–1.8m high, and
- made of ‘material that fences are ordinarily constructed from’, including chain wire, timber or metal panels.
If a boundary fence is also a pool fence, it must comply with pool safety standards.
When government builds a fence for public housing
If we plan to build a fence on a property boundary, we inform neighbouring owners in writing, providing details about the proposed fence height and materials.
If there is no existing or sufficient fence, we may ask the owner of the adjoining property to contribute up to half the cost of the new fence.
If we replace an existing fence that is sufficient and in good repair, neighbouring owners are usually not asked to contribute to the cost.
If the neighbouring owners want a better fence than the one we propose and are willing to contribute to the costs, that request will be considered.
When you want to build a fence
You must get permission from us before doing any fencing work on a boundary with a public housing property owned by the Queensland Government.
Contact your nearest Housing Service Centre for advice.
If the existing fence is sufficient and in good repair, we may choose to contribute towards the costs of a better fence, but we’re not obliged to do so.
If the fence is not sufficient, we aim to reach agreement about:
- the type of fence
- who will build the fence
- how costs will be shared.
We normally contribute half the costs towards a ‘sufficient’ fence.
If the neighbouring owner wants a fence other than what is considered 'sufficient', they may have to pay the difference.
When you intend to build a fence adjoining a public housing property, send a written proposal to your nearest Housing Service Centre containing:
- the type of fence (dimensions, materials etc.)
- 2 quotes
- the contribution you’re requesting towards costs.
We will consider your proposal and tell you in writing whether we agree to:
- the proposed fencing
- the contribution you’re requesting towards costs.
If you’re building the fence yourself, we only consider contributing towards the costs of materials.
Unless you are constructing the fence yourself, an appropriately licensed person must construct the fence.
Note: The property owner constructing the fence is responsible for ensuring the work is done safely.
When we have made a decision on your proposal, you will be notified in writing. If you disagree with our decision, contact us to discuss it further.
Types of fencing used
When an adjoining owner wants to build a dividing fence, all reasonable proposals about the type of fencing are considered.
Depending on the circumstances, we usually prefer:
- pipe and chain fences
- 1800mm timber paling fences (hardwood or CCA-treated softwood).
For timber fences, the preferred specifications are:
- timber fence posts a minimum of 100mm x 75mm used on the edge
- hardwood rails checked in 35mm or bolted to the posts
- rails a minimum of 75mm x 50mm or 100mm x 38mm where posts are centred between 1800mm and 2400mm apart
- 3 evenly spaced rails for 1800mm high fences.
If a boundary fence is also a pool fence, the owner must ensure it complies with pool safety standards.
We will only agree to fencing where new materials are used. Second-hand materials are not acceptable.
We will consider metal panel fences, but they are not a preferred material because everyday backyard activities can cause them to deteriorate faster than other types of fencing and they can reflect rather than absorb neighbourhood noise.
Note: We maintain fences in functional, rather than ‘as new’ condition.
Sharing costs
If we agree to contribute to costs, the fencing must be completed to our satisfaction before a contribution is provided. The fencing must:
- meet local authority requirements
- be built in a professional standard to agreed specifications
- be erected on the correct alignment.
Once the fencing has been completed and the contractor paid, send us:
- a copy of any invoices for contractors or materials
- evidence the invoice has been paid
- bank account details for direct transfer of the agreed contribution.
Our letter agreeing to your proposal will provide a return address for these documents.
Note: We will only pay agreed costs after the fence has been constructed to the approved standard and this information has been provided.