A dividing fence is a fence that separates the residential land of different owners whether the fence is on the common boundary of adjoining lands or on a line other than the common boundary. For fencing requirements between lots other than residential lots contact the City's Statutory Planning Service on 9411 3578.
Should an owner seek to construct a dividing fence they must meet their obligations as defined in the Dividing Fences Act 1961 prior to construction of a fence.
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The City of Cockburn does not administer the Dividing Fences Act 1961. An online brochure "Dividing Fences Rights & Responsibilities" can be obtained from the Building Commission's website www.buildingcommission.wa.gov.au or by phoning the Department on 1300 720 715 or email contact: dividingfences@bc.wa.gov.au
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A dividing fence may also be a "Front Fence" in some instances, and as such must comply the requirements for front fences, see the information on this web page in regard to "Front Fences".
Some lots and subdivisions within the City of Cockburn, may also be subject to covenants and/or Detailed Area Plans that control fencing. In the first instance the land developer or a title search (inc covenants) with the Department of Land Information (tel 9273 7373) may clarify this issue. The City may be able to provide information on Detailed Area Plans if required.
The City of Cockburn accepts the installation of 1.8m high proprietary type dividing fences such as fibre cement sheet, steel powder coated and timber lap fences subject to compliance with all relevant Legislation and Australian Standards. Other types of fencing may be acceptable however, in all instances contact the City's Building Service to discuss the type of fencing and necessary approvals prior to construction.
Should a person seek to alter the ground levels at or near a boundary to facilitate installation of a dividing fence, the person altering the ground level either by filling above or cutting below natural ground level has an obligation to provide a suitable retaining wall/embankment. In many instances depending on the extent of cutting and filling both adjacent property owners may have an obligation to share the cost of the retaining wall/embankment works. Depending on the extent of earthworks and retaining a Building Licence may need to be obtained and or a planning approval for a retaining wall/embankment.
For further information see the
Dividing Fencing Residential Info Sheet
Contact the Building Service:
Tel: 9411 3444
Fax: 9411 3333
E-mail: customer@cockburn.wa.gov.au