RESidential fenceS

Dividing Fence Issues

A dividing fence is a fence that separates the residential land of different owners, whether the fence is on the common boundary or adjoining land or on a line other than a common boundary. In some circumstances, a front fence may also be a dividing fence.

Should an owner seek to construct a dividing fence, they must meet the obligations as defined in the Dividing Fences Act 1961 prior to constructing a fence. The Shire does not administer the Dividing Fences Act 1961 further information may be obtained from the Building Management and Works weblink.

Approval procedure for front fencing

A person must not erect a free standing fence greater than 1.2 metres in height within the front setback area without obtaining a building permit from the Shire. Any fencing within the front setback area of a property may also require Planning approval from the Shire prior to commencing construction, if the solid portion of the fence exceeds 1.2 metres in height as measured from natural ground level, or if your property is a strata property.

Prohibited fencing materials

The following fencing materials are prohibited:

  • Broken glass
  • Barbed wire
  • Razor wire
  • Jagged projections
  • Asbestos materials (not to be reused or realigned)

Application forms can be found on the Building Commission WA website.

For further information, please contact the Shire’s Building Services Department on (08) 9168 4100.

Australian Standards to accompany 2017 Fencing Local Law

As part of the process of establishing the 2017 Fencing Local Law, the Shire has been requested to make available two Australian Standards referred to within the Local Law.

Pertinent to the forthcoming Fencing Local Law 2017, the Shire has electronic copies of AS/NZS 1170.0:2002 Structural Design Actions - General principles and AS2870-2011 Residential Slabs and Footings which are available for viewing by the public at the Kununurra and Wyndham administration offices at no cost.

Please ask for assistance in accessing the standards at reception, standards remain the property of the provider and may not be copied or otherwise removed from Shire premises.