There are so many styles of fencing and new products and ideas are emerging all the time. Boundary fences are often timber paling or coloubond styles, with horizontal slates becoming more popular. Swimming pools are usually fenced with tubular or glass. For larger properties or to keep stock in, a solid wire fence is usually the most practical and economical.
Currently in New South Wales, any residential building work where the total cost of materials and labour exceed $1,000.00, the tradesperson or contractor must hold a current license for the work being carried out by law. This license must also be provided on all advertising etc so consumers can make informed decisions when it comes to selecting a contractor. Our fencing contractor licence number is: 221342C. Consumers also have the right to ask for proof of current legal liability insurance. These may turn into important matters when settling disputes over boundary issues of neighbouring properties or the local council does not approve of the works.
Generally, fencing in NSW is carried out as an “Exempt & Complying Development” except for swimming pool fencing which has to be signed off on by your local council or a qualified building certifier.
The laws regarding swimming pool fencing can be complex as landowners must comply with the Building Code of Australia, the Swimming Pools Act, the Swimming Pools Regulation & the current Standards. Further information can be found on our Temporary Pool Fencing page.
The landowner is responsible to ensure the development complies with the codes & Council can take legal action if the work does not comply.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Subdivision 17 Fences (residential zones)
2.33 Specified development
The construction or installation of a fence on land within Zone R1, R2, R3 or R4 is development specified for this code if it is not constructed or installed:
(a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or
(b) along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area, or
(c) on a flood control lot, or
(d) on land that is identified as being in a foreshore area.
Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
2.34 Development standards
(1) The standards specified for that development are that the development must:
(a) not be higher than 1.8m above ground level (existing), and
(b) not be of masonry construction to a height that is more than 1.2m above ground level (existing), and
(c) if it includes an entrance gate—not have a gate that opens outwards, and
(d) if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and
(e) if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and
(f) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
(g) not be an electrical fence or use barbed wire.
(2) Despite subclause (1), any fence located along the boundary of, or within the setback area to, a primary or secondary road must:
(a) not be more than 1.2m above ground level (existing), and
(b) be open for at least 20% of the area of the fence that is more than 400mm above ground level (existing), with any individual solid element of the fence above this height being no more than 350mm in width with a minimum aperture of 25mm.
(3) If a lot has a frontage to a secondary road or roads, subclause (2) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary.
(4) Subclause (2) (b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road.
(5) Despite subclauses (1) and (2), if the fence is erected on a sloping site and stepped to accommodate the fall in the land:
(a) a fence that is required to be not more than 1.2m above ground level (existing), must not be more than 1.5m above ground level (existing) at each step, and
(b) a fence that is required to be not more than 1.8m above ground level (existing), must not be more than 2.2m above ground level (existing) at each step.