Dividing fences

The Dividing Fences Act 1953 (opens in new window) which is outside the jurisdiction of council, provides information in relation to mutual obligations requirements, processes and property owner's rights in relation to dividing fences. Please contact the nearest Court House for more information.

Council does not regulate the style of fencing on residential properties. However, in the interests of the community, council recommends that fencing styles should be designed and constructed to be sympathetic with the character of the area in which they are located.

Where can a retaining wall and/or fence be sited?

Depending on the proposed development, a fence can be sited;

On the common boundary or
Within your property boundary or
In accordance with a planning approval or
In accordance with a siting discretion approval when the height of the structure/s exceeds 2 metres in height

When do I need a building approval for a retaining wall?

A permit for building works is required for retaining walls where;

the wall is 1metre in height and greater above or below natural ground; or
the wall is located within 1.5m of a building or structure and the wall supports the structure (including another retaining wall)
there is a load imposed above the retaining wall (i.e. driveway, structure or the like)

Who should pay for a retaining wall and/or fence on the boundaries?

It is not council’s role to provide advice on this matter. Advice and links to legislation and mediation is available through the Department of Justice and Attorney General's website www.justice.qld.gov.au (opens in new window) or via phone on 1300 651 188. If in doubt you should seek legal advice.

Last Updated on Friday, 18 February 2011 15:06

Are there any restrictions on fence heights on corner allotments?

For all corner allotments bounded by two roadside boundaries except those in commercial zones, visibility is required across the street corner.

In this “visibility triangle”, fences, screens, ornamental structures, and the like shall not, without approval of the council, be higher than 1 metre above the natural ground level within the 6 metre by 6 metre three equal chord truncation, in accordance with the provisions of the Queensland Development Code (QDC).

More information can be found at the www.dip.qld.gov.au/qdc website (opens in new window).

Last Updated on Friday, 18 February 2011 15:30

When do I need a building approval for a fence?

A permit for building works is required for fences where

the fence is part of a pool fence; or
the fence is over 2 metres in height; or
where the fence is attached to, or located adjacent to a retaining wall requiring approval.

Last Updated on Thursday, 17 February 2011 12:10

Clifton	Millmerran
Crows Nest	Oakey
Goombungee	Pittsworth
Greenmount	Toowoomba
Highfields

Dividing fences

Where can a retaining wall and/or fence be sited?

When do I need a building approval for a retaining wall?

Who should pay for a retaining wall and/or fence on the boundaries?

Are there any restrictions on fence heights on corner allotments?

When do I need a building approval for a fence?

Write to council

Phone council

Service centres