It is one of the most common questions we hear before a fencing job starts.
“Do I need council approval before I put this fence in?”
For some homeowners it is a quick answer. For others, the rules are more involved than they expected. The short version is: most residential fences in Sydney qualify as exempt development, meaning no council approval is needed — but the height of the fence, where it sits on the property, the material, and the zoning of your land all determine whether your specific fence falls inside those rules or outside them.
This guide breaks it all down clearly so you know exactly where you stand before your fence installation begins.
What Is Exempt Development for Fencing in NSW?
In NSW, “exempt development” means work you can carry out without needing to lodge a Development Application (DA) with your local council. For fencing, exempt development rules are set under the NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
When your fence meets the height, material, and location requirements under this policy, you can build it without any formal approval process. The fence still needs to comply with the rules — exempt does not mean anything goes — but there is no DA required and no waiting period.
If your fence does not meet the exempt development standards, you may need to apply for a DA or a Complying Development Certificate (CDC) before work can start.
The good news is that the majority of standard residential fences in Sydney — Colorbond, timber, and aluminium — fall within the exempt development rules when they are built to the right height for their location.
Sydney Fence Height Limits by Location on Your Property
Height limits are different depending on where on your property the fence sits. Here is how it breaks down under NSW exempt development rules.
Front Boundary Fences
A front boundary fence — the fence along the street-facing boundary of your property — is the most strictly regulated.
Under NSW exempt development rules, a front fence can generally be built up to 1.2 metres high without council approval. This applies to solid front fences such as Colorbond or timber panels.
If you want a front fence higher than 1.2 metres, you will generally need a DA or CDC before the fence goes in. Some councils allow higher front fences if at least 50% of the fence is open or transparent — such as a picket fence or slat-style fence — but the rules vary by council area.
It is also worth noting that a neighbour’s written consent does not override the planning rules. Even with full neighbour agreement, a solid front fence above 1.2 metres still requires approval under NSW planning law.
Side and Rear Boundary Fences
Side and rear fences have more flexibility than front fences.
For residential zones in Sydney — which include R1, R2, R3, and R4 zoned land — a side or rear fence can generally be built up to 1.8 metres high without council approval, provided it is not masonry.
For masonry fences (brick, rendered block, or similar), the exempt development height limit is 1.2 metres for side and rear boundaries.
If you are building a side fence that runs along a road — for example, on a corner block — height and transparency rules similar to front fences may apply depending on your council’s specific requirements.
Corner Blocks
Corner blocks come with additional sight line requirements. Fences near intersections may need to be lower or partially open to maintain visibility for drivers and pedestrians. If your property sits on a corner, check with your local council before committing to a height and design.
When You Do Need Council Approval for Fencing in Sydney
There are situations where council approval is required regardless of height. Here are the main ones to be aware of:
Heritage conservation areas — If your property is in a heritage conservation zone, additional restrictions apply to the material, style, and height of fencing. Heritage rules exist in parts of many Sydney council areas. Always check your property’s heritage status before you plan a fence.
Pool fencing — Fencing around a swimming pool must comply with the Swimming Pools Act 1992 (NSW) and AS 1926.1. Pool fencing has specific height minimums, gate latch requirements, and certification requirements that sit outside the standard exempt development rules.
Fences combined with retaining walls — If your fence sits on top of a retaining wall and the combined structure exceeds 2.2 metres, council approval is likely required.
Industrial and commercial zones — Different rules apply in business and industrial zones. If your property is not zoned residential, check the applicable rules for your zone.
Local council variations — While the NSW state-level exempt development rules apply across Sydney, individual councils can add requirements on top of the state baseline through their Development Control Plans (DCPs). A rule that applies in Blacktown may differ from the rule in Parramatta or the Northern Beaches. Always check your specific local council’s DCP for any additional requirements.
At A2Z Landscaping and Fencing, compliance is part of how we approach every fence installation in Sydney. We assess the relevant council and environmental regulations as part of the planning process so our clients are not caught out after the work is done.
Neighbour Cost-Sharing Laws in NSW: What the Dividing Fences Act Says
If your fence sits on or near the boundary between your property and your neighbour’s, the Dividing Fences Act 1991 (NSW) applies.
Here is what the law says:
Cost sharing — Adjoining property owners must share the cost of a “sufficient dividing fence” equally. That means 50/50, whether the fence is new, replaced, or repaired. This applies even if one owner is keener to have the fence than the other.
What is a “sufficient” dividing fence? — The law defines this as a fence that is adequate for the purpose in the local area. It does not have to be the most expensive option. If the standard fence in your street is a 1.8 metre Colorbond panel fence, that is likely the baseline. If one owner wants something more expensive — brick, for example — that owner pays the additional cost above the standard.
The Fencing Notice — Before you start work on a shared boundary fence, you are required to serve a Fencing Notice on your neighbour. This sets out what work is proposed, the materials, the location, and the estimated cost. Your neighbour has one month to respond. Work should not begin until either agreement is reached or the notice period has passed.
If your neighbour refuses — If agreement cannot be reached, either party can apply to the NSW Civil and Administrative Tribunal (NCAT) or a local court for a Fencing Order. NCAT can determine what work should be done, what the fence should look like, and how costs should be split.
Important — If you go ahead with a fence on a shared boundary without issuing a Fencing Notice first, you may not be able to recover your neighbour’s half of the cost through the courts. The notice process is there for a reason. Follow it.
Choosing the Right Fencing Material for Sydney Properties
The material you choose for your fence affects both how it performs and whether it falls within the exempt development rules.
Colorbond is the most popular choice for Sydney homes. It handles the Australian climate well, requires minimal maintenance, and is available in a range of colours to suit most properties. Standard Colorbond fencing at 1.8 metres for side and rear boundaries falls comfortably within exempt development rules.
Timber is a classic option that suits both modern and traditional homes. It requires more upkeep than Colorbond, particularly in wetter areas or in spots with limited airflow. Treated timber performs better over time in Sydney’s variable conditions.
Aluminium works well for garden fencing and decorative applications. It is lightweight, resistant to rust, and suits properties where a lighter-looking fence is the right aesthetic.
Masonry — brick and rendered block fencing — adds permanence and a premium look, but comes with stricter height limits under the exempt development rules (1.2 metres for side and rear) and typically requires more complex installation.
We work with all of these materials at A2Z Landscaping and Fencing and can help you choose the right one based on your property, your budget, and the relevant local regulations.
FAQs
Do I need council approval for a 1.8m Colorbond fence in Sydney?
Generally no, for side and rear boundaries in residential zones. A non-masonry fence up to 1.8 metres in these locations typically qualifies as exempt development under NSW rules. Front fences have a lower limit of 1.2 metres. Always confirm against your specific council’s DCP.
What happens if I build a fence without the required approval?
Building without required approval can result in a council order to modify or remove the fence at your cost. It can also complicate matters if you try to sell the property. Getting approval in advance is always the better option.
Does my neighbour have to pay half the cost of a new dividing fence?
Under the Dividing Fences Act 1991 (NSW), yes — adjoining owners share the cost of a sufficient dividing fence equally. You need to serve a Fencing Notice before starting work to protect your right to recover that contribution.
Can I build a higher fence if my neighbour agrees?
Neighbour agreement covers the civil aspect of a shared boundary fence, but it does not override planning rules. A fence above the exempt development height limits still requires council approval regardless of what your neighbour agrees to.
Does A2Z Landscaping and Fencing handle the full installation process in Sydney?
Yes. We provide an end-to-end fencing services from consultation and material selection through to installation and site cleanup. We work with local regulations as part of every job so you do not have to manage it separately.
Final Thoughts
Most fence installations in Sydney are straightforward under NSW exempt development rules — but the details matter. The height limits change based on where the fence sits on your property, the material you choose, and the specific rules in your council area.
Get those details right before work starts and the whole job goes smoothly. Miss them and you may face a council notice or a dispute that costs more to resolve than the fence itself.
If you are planning a fence installation in Sydney and want it handled properly from the start, contact the team at A2Z Landscaping and Fencing based in Oakhurst, NSW. Call us on +61 435 820 048 or request a free quote online.