There are planning and building Acts/regulations that control the building and management of fences, this includes their height and building material
Fences that adjoin side and rear property lines do not require a building permit if constructed under 2.0 metres in height. Front fences constructed of brick or stone above 1.2 metres in height and timber and steel fences above 1.5 metres high require a building permit.
Fencing located on the front and side street boundaries of a corner property cannot exceed 1.0 metres in height when within 9.0 metres of the intersection of street alignments. If there is a need for the fence to be higher, a report and consent will be required from the Municipal Building Surveyor.
Report and Consent
You can apply for a report and consent if you are planning a fence that does not comply with building regulation requirements, as building regulations can allow for some flexibility in fence height. Consents for fences are assessed against the Minister's Guideline MG-12 with the objective of ensuring that the front fence design respects the existing or preferred character of the neighbourhood and is consistent with the prevailing heights, setbacks and design of existing front fences on nearby allotments
The Dispute Settlement Centre can give legal advice on the Fence Act and also help mediate between the two parties when matters cannot be resolved.
Fencing Online has provides various information ranging from copies of the Fencing Act, Fencing Notice forms and other helpful information.
Disputes involving dividing fences are the most common disputes dealt with at the Dispute Settlement Centre of Victoria. The rights and responsibilities of the parties are contained in the Fences Act.
Ballarat Justice Service Centre
206 Mair Street
Ballarat VIC 3350
Notice to Fence form(DOC, 24KB)
Form to inform your neighbour of your need to fence
Fence on Boundary(PDF, 122KB)
Information on fencing a boundary