When installing or replacing a dividing fence, it is essential to understand any limitations and adjoining neighbours' preferences for the type of fence. Next, have an agreement between all adjoining neighbours on the fence to be installed and how the cost will be shared.

Steps for dividing fences:

1. Contact your neighbours - Fences Adjoining Owners Details Request
2. Check the proposed fence meets all requirements of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - Check 
3. Agree on costs. In most cases, The Dividing Fences Act 1991 allows for the cost of installing or replacing a dividing fence to be shared between the adjoining owners - Dividing Fences Act 1991 No 72 - NSW Legislation
4. Properties with swimming pools must comply with the Swimming Pools Act 
   
5. Put your agreement in writing

What if an agreement cannot be reached?

Disputes involving dividing fences need to be resolved between the parties.

Where an agreement cannot be reached, your next step is to contact the Community Justice Centre for assistance Neighbours or phone 1800 990 777.   

Small building projects, including retaining walls, fences, and decks, do not require approval if they meet exempt work requirements.

Check the requirements here. 

It’s always good to consider how your project will impact adjoining properties. Being considerate of the neighbours goes a long way to building a great relationship. This includes;

• Talk with your neighbour about your project
• Consider how your project looks from the neighbour’s side. For example, paint both sides of your project
• Consider landscaping for example, plant a hedge
• Ensure water runoff is correctly connected to your stormwater system
• If installing a pizza oven, consider smoke and any impact on neighbouring properties
• Consider neighbours privacy
• Consider installing a privacy screen. However, it must meet the requirements listed here 
  
• Installing a wood heater - check the requirements 
  

Many home businesses do not require formal consent, they can be carried out without approval provided they meet the requirements of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Do you need consent for your home business? Find out here

For health and safety reasons, some home businesses require approval. You can find more information here: Food Business or Hairdressing, Beauty or Skin Penetration.

Talk with your neighbours about your plans for a home business and how the business may affect them. For example, does your neighbour have young children who still have day sleeps, or do they also work from home? Can you benefit your neighbours by providing passive surveillance in the street?

Additional helpful tips for running a home business;

• Use your garage and driveway for customer parking
• Leave at least 15 minutes between appointments to prevent customer overlap
• Cover or enclose noise sources to minimise nuisance
• Use a light instead of a buzzer or doorbell

If you are concerned about your neighbour’s home business, you should chat directly with them first. Most people prefer to be contacted directly by their neighbours, rather than involve council.

What happens when talking with my neighbour is unsuccessful?

The next step is to seek assistance via the Community Justice Centre. They are experts in resolving neighbour disputes. For more information, visit their website or phone 1800 990 777.