The Fencing Act provides detailed information related to fences. If you're planning to build a boundary fence, there's a few things to consider such as where on the property you want to put the fence, how high you want it and your neighbour.
Fences between neighbours
If you want to build a fence between your property and your neighbour's property, in general:
- The middle of the fence must be on the boundary line.
- A fence higher than 2 metres in a residential area will require resource consent. Talk to our duty planner for advice.
- A fence higher than 2.5 metres in a residential area will require building consent.
- Adjoining owners share the cost of putting up or repairing a fence (unless one owner damages the fence, in which case they pay for the repairs)
- You can only obtain a compulsory contribution to the cost of a fence, if notice is served on the adjoining owner under the Fencing Act.
If you want to build a fence on a common boundary with a neighbour, or upgrade an existing fence, you and the owner of the neighbouring property must go halves on the cost.
Talk with your neighbour about the fence and explain:
- why the existing fence needs repairs, or you want to build a new fence
- what type of fence you want
- how much it will cost
If your neighbour won't agree, or a compromise can't be reached, you can't just put the fence up and send them a bill.
There's a formal process you need to follow. You must give your neighbour the details of your proposal in writing. This is referred to as serving a fencing notice.
This is a notice you give your neighbour to state your fence proposal, it must include the following:
- Names and address of both you and your neighbour.
- Description of the fence material and where it's to be built.
- The estimated cost of the work.
- The start date for the work.
- A statement saying that the notice is served under the Fencing Act 1978
The notice needs to say:
- that they have 21 days to object to your proposal, by serving a cross-notice
- If they don't own the property, that they have 21 days to supply the name and address of the owner
- that if no objection is received in 21 days it will be deemed to have agreed to the proposal and you can proceed with the fence and they'll be liable to share the cost.
You need to sign and date the notice.
In certain circumstances, yes.
If they don't own the property or they believe the existing fence is adequate, or think your proposal is excessive, they can serve you with a cross-notice.
The cross-notice must reach you within 21 days and should detail the objection and any counter proposals. It should state that it's served under the Fencing Act 1978 and that any persistent dispute in the matter will have to be sorted out by the courts or the Disputes Tribunal. The neighbour must sign and date the cross-notice.
If negotiations with your neighbour reach an impasse, you can take the matter to the disputes tribunal or the district court. For further advice, talk to your solicitor or Citizens Advice Bureau.
No, if either party sells before all matters are dealt with, the arrangement lapses.
No, the people building the fence have a right to access at reasonable times to do whatever is reasonably required to build the fence.
This is the case even if the neighbour is not contributing to the cost of the fence.
Yes, if the fence needs immediate repair or replacement, for example, after a storm.
You can fix the fence and recover half the costs from the other owner. If the fence must be replaced it should be with a comparable fence, not a much more expensive one.
If the fence is damaged or destroyed by someone liable in any way and not covered by the Act, that person must pay the full cost of the repair. This might be when your neighbour has a tree that is pushing the fence over, when a truck runs off the road and demolishes the fence. In both cases the person responsible must pay.
Yes, if your neighbour is difficult to deal with and you can’t face taking the matter to Court, you can simply build the fence inside
the boundary on your own property but you will have to pay for it all yourself.
Fences on the boundary with road reserve or esplanade reserve
Under the Fencing Act and Local Government Act - councils and the NZ Transport Agency are exempt from sharing any fencing costs with properties adjoining a road or road reserve. See the definition of road reserve
Council is also exempt from land that adjoins an esplanade reserve or esplanade strip under the Resource Management Act.
Fences on the boundary with Council land
To determine the contributions toward the cost of maintenance or replacement of a fence on the boundary between your property and council property, email your request to parks@gdc.govt.nz