Does my neighbour have to pay half the fence?

Every Australian state and territory has dividing fences legislation that generally makes adjoining owners liable to contribute to a sufficient dividing fence, with a defined process of notice and, where agreement fails, a tribunal or court. The details — what counts as sufficient, the notice period, who decides — vary by state, so the specific answer is in your state's Act rather than in a general rule.

What if the neighbour refuses to contribute?

The legislation contemplates it: serving the prescribed notice is the step that starts a process which, if it is not agreed, ends at a tribunal that can order a contribution. That is why the written notice matters more than it looks — a conversation you cannot evidence is not a step in that process.

Who to hire for a fallen fence

Short answer

A fencing contractor — and before you book, talk to the neighbour, because in every Australian state a dividing fence between two properties is generally a shared cost and there is a statutory process for agreeing it. Proceeding without that conversation is how people end up paying for all of it.

Soon, not tonightIt will not usually get cheaper by waiting, and it is rarely worth an after-hours rate.

When it is someone else

Calling the wrong trade costs an attendance fee to be told so. These are the cases where this problem belongs to someone other than a Fencing Contractor.

your neighbour, and your state's dividing fences legislation
it is a boundary fence. Every state has a process, usually starting with a written notice proposing the work and the cost, and a tribunal that decides if you cannot agree.
an arborist
a tree or its roots brought it down. Rebuilding the fence without dealing with the tree schedules a repeat.
your insurer
it came down in a storm. Many home policies cover fences for storm damage.

What to do before anyone arrives

Photograph it before anything is moved or cleared.
Establish whether it is actually on the boundary. Fences are frequently not, and a fence built inside your line is yours alone.
Talk to the neighbour early and in person, then confirm in writing. The written notice is what the legislation runs on and it also keeps things civil.
Get two or three quotes to attach to the notice. A proposal with numbers is much easier to agree than a proposal without.

What to ask when you book

Are you quoting a like-for-like replacement or an upgrade? The shared-cost obligation generally runs to a sufficient fence, not to the best one.
Who removes and disposes of the old fence?
Are you setting posts in concrete, and to what depth?
Do you handle the notice paperwork, or is that mine?

What changes the price

No dollar figures here: this directory holds no price data and an invented range is worse than none. What follows is what makes one of these jobs cost more than the same job next door, which is the part you can actually use when comparing quotes.

Length, height and material.
Whether the ground is sloped, rocky or has services in it.
Removal and disposal of the old fence.
Retaining — a fence on top of a retaining wall is a different and more expensive job.

What you can do yourself

Is this licensed work?

Fencing is generally not separately licensed, though it falls inside building work licensing thresholds in some states at higher values. Pool fencing is a different matter entirely and is strictly regulated.

There is no national register. Search the licence number with the regulator for the state the work is happening in.

NSWNSW Fair Tradingbuilders, electricians, plumbers and specialist trades
VICBuilding and Plumbing Commission, and Energy Safe Victoria for electricalbuilding practitioners and plumbers; electricians are Energy Safe Victoria
QLDQueensland Building and Construction Commission (QBCC)building and most trade contractor licences
WABuilding and Energybuilders, electricians, plumbers and gas fitters
SAConsumer and Business Servicesbuilding work contractors and supervisors
TASConsumer, Building and Occupational Services (CBOS)building and occupational licences
ACTAccess Canberraconstruction occupations licensing
NTNT Government building practitioner registrationbuilding practitioners and electrical workers

Licensing thresholds and certificate requirements differ by state and change with amending regulation, so this page describes the mechanism rather than quoting a figure. The regulator’s own page is the current answer.

Common questions

Who should I hire for a fence that has fallen over: A fencing contractor — and before you book, talk to the neighbour, because in every Australian state a dividing fence between two properties is generally a shared cost and there is a statutory process for agreeing it. Proceeding without that conversation is how people end up paying for all of it.
Does my neighbour have to pay half the fence?: Every Australian state and territory has dividing fences legislation that generally makes adjoining owners liable to contribute to a sufficient dividing fence, with a defined process of notice and, where agreement fails, a tribunal or court. The details — what counts as sufficient, the notice period, who decides — vary by state, so the specific answer is in your state's Act rather than in a general rule.
What if the neighbour refuses to contribute?: The legislation contemplates it: serving the prescribed notice is the step that starts a process which, if it is not agreed, ends at a tribunal that can order a contribution. That is why the written notice matters more than it looks — a conversation you cannot evidence is not a step in that process.

Find a Fencing Contractor near you

1,007 fencing contractors in this directory, ranked on published evidence rather than on advertising.

Who to hire for

General information about who does what, not advice about your specific job. Licensing, consumer law and council rules differ by state and change; the regulator for your state is the current source. More guides to hiring a tradesperson.