For landlords and property investors, this means new legal obligations and potential disputes with neighbours over repair responsibilities and costs. Here’s what you need to know to stay compliant and avoid unnecessary risks.
Why Is Fencing Now an Urgent Repair?
A damaged fence compromises security, for tenants, neighbouring properties, and even passersby. Whether due to age, storm damage, or other external factors, landlords must now act swiftly to prevent liability issues and potential fines under the new legislation.
Navigating Fence Repairs & Replacements - Who Is Responsible?
Under the Fences Act 1968 (Vic), property owners share responsibility for dividing fences. However, disputes often arise over:
- Fence type and material
- Placement and height
- Cost-sharing arrangements
To avoid disputes, it’s best to have a clear agreement with your neighbour before proceeding with repairs.
What to Do If a Dispute Arises
- Issue a Fencing Notice. If an agreement isn’t reached, you can serve your neighbour with a Standard Fencing Notice, giving them 30 days to respond.
- Mediation with the Dispute Resolution Centre (DRC). If no response is received, mediation is available. This free service helps resolve disputes within 2-3 weeks.
- Legal Action via the Magistrates Court . As a last resort, landlords can take legal action to recover costs or enforce repairs. Seeking legal advice is recommended.
Emergency Fence Repairs: No Agreement Needed
If a fence is damaged by storms, fire, flooding, or fallen trees, you can proceed with urgent repairs immediately. However, an Urgent Fencing Notice must be sent to claim contributions from your neighbour after the work is completed.
*Tip: Always send fencing notices via registered post for proof of delivery.
Minimising Risk & Staying Compliant
If immediate repair isn’t possible, landlords must take temporary safety measures, such as:
- Installing temporary fencing
- Securing the property to prevent further damage
- Keeping tenants updated on repair progress
Ignoring fencing repairs could lead to fines, legal action, or compensation claims, making swift action essential.
How We Can Help
At First National Real Estate Neilson Partners, we assist landlords in navigating urgent repairs, fencing disputes, and compliance requirements. However, if a dispute escalates beyond initial negotiations, property owners may need to engage with their neighbour or take legal steps to resolve the issue.
Need advice on fencing repairs or property management? Contact us today.
For more details on urgent repairs, visit Consumer Affairs Victoria.
