My neighbour won't pay half the fence. What can I do in NSW?
Researched by the LokalMatch editorial team1 answer
The old paling fence is falling over, I want it replaced, and next door says they are happy with it as it is.
Answers (1)
LokalMatch EditorialLokalMatch editorial
Serve a Fencing Notice, then wait a month. In New South Wales neighbouring owners normally share equally the cost of building, repairing or replacing a dividing fence, and either of you can serve the notice that starts the process.
The word that decides the money is sufficient. A sufficient dividing fence is one that adequately separates the two properties, judged against the existing fence, how the land is used, privacy, council requirements and pool enclosure rules. Your neighbour has to pay half of that — not half of whatever you would prefer to build.
If a month passes with no agreement, either of you can apply to the Local Court or the NSW Civil and Administrative Tribunal for orders about what fence gets built and who pays what share.
There are two situations where the even split does not hold: where one owner wants a higher standard than sufficient, and where the damage was caused by one of you. Both are worth thinking about honestly before you serve anything, because both will come up.
Answers come from pros and are reviewed by LokalMatch before they’re published. They’re general information — for regulated or safety-critical work, have a licensed professional assess your situation.
Sources
Where the facts on this page come from.
Fences: your rights and obligations — Legal Aid NSW (accessed 24 September 2026)