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Fencing

Fence

Fencing requirements are regulated by the Fences Act 1968. The Act contains rules about who pays for a dividing fence, the type of fence to be built, notices that neighbours need to give one another and how to resolve disputes that come up.

Further information and advice is available from Dispute Settlement Victoria

*Note: Council does not administer the Fences Act; this section is provided for information only.

Fencing between Neighbours

Usually the cost of the fence is divided equally between the adjoining neighbours. A Notice to Fence is a document that can be issued by you or a fencing contractor to your neighbour asking them to share the cost or repairs of fencing.

What if I don't know my neighbours?

Council may be able to provide you details for neighbouring properties if you can’t find the owner (ie the land next to you is vacant) and you need to send your neighbour a fencing notice if:

you have made reasonable inquiries to locate the owner; and
Council is satisfied the details will be used for a fencing notice

Application request for adjoining property owners details

Please complete the Request for adjoining property owners details application form.(PDF, 104KB)

Online Application request for adjoining property owners details for the purpose of giving a fencing notice:

Applicant Details: If applicant is not the property owner, written authorisation from property owner seeking the information is required.

Name: * (required)

Email: (response will be provided by email if supplied) * (required)

Postal Address: * (required)

Contact Number: * (required)

Address details of property owned: (if different from postal)

Owners name: (if different from applicant)

Owners Address: (if different from applicant)

The Act requires that the owner of adjoining land must make reasonable inquiries to locate the owner for the purpose of giving a fencing notice.

Please describe inquiries that you have undertaken

Adjoining Property Details – view from road looking at property * (required)

Right

Left

Rear

Address of Adjoining property: * (required)

DECLARATION: I I understand and acknowledge that: * (required)

1. Undertake to use the personal information requested above solely to facilitate a specific fencing matter under the Fences Act 1968. 2. Undertake not to use or disclose the information for any other purposes without the prior written consent of Council or as required by law. 3. Undertake not to retain, copy of disseminate the information for unrelated purposes and to keep information secure. 4. Confirm that Council has informed me about the Information Privacy Principles, which are set out on the reverse of this form

Yes

*Print full name of the applicant * (required)

Date * (required)Date * (required)

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Information privacy principles:

IPP 1 Collection

IPP 2 Use and Disclosure

IPP 3 Data Quality

IPP 4 Data Security

IPP 5 Openness

IPP 6 Access and Correction

IPP 7 Unique Identifiers

IPP 8 Anonymity

IPP 9 Transborder Data Flows

IPP 10 Sensitive Information

Privacy/Collection Statement: Personal information collected on this form will be used by Moira Shire Council for the administration of your request and or directly related purposes. Council may disclose this information to other organisations if required by legislation. Request for access or correction to your personal information should be made to Council’s Privacy Officer. To view Council’s full privacy statement visit www.moira.vic.gov.au.

What if my property adjoins Council land?

Council may contribute half of the cost of the construction and/or replacement of a standard fence abutting Council-owned properties depending on the use of the adjoining land.

Please read Fencing Policy below to see if you qualify.

Fencing Policy(PDF, 700KB)