Installing a fence around your home or property not only helps to enhance privacy, but it also plays a vital role in boosting security and aesthetic appeal. However, before installing fencing in Perth, it is essential that you understand the various laws and regulations to ensure you avoid any potential legal implications or disputes with the neighbours.
We know how complex and confusing some of these laws can seem, which is why we thought we would take a closer look to help you navigate these challenges.
General Fencing Regulations in Western Australia
There are several regulatory bodies within Western Australia that are responsible for overseeing fencing laws and regulations. This includes local councils and the Department of Mines, Industry Regulation and Safety (DMIRS).
Local councils are typically responsible for handling all residential and commercial property fencing regulations, while the DMIRS helps to provide guidelines and dispute resolution services.
Boundary Fencing Laws
When it comes to installing new fencing in Perth, understanding the boundary fencing laws is essential. Boundary fences are structures that are built on the dividing line between two properties and are typically made from materials such as timber, metal or masonry. A properly defined boundary fence is essential for separating land and is used to determine the ownership and maintenance responsibility.
Any property owner has the right to erect a boundary fence as long as it complies with the local regulations in terms of location and size. While both parties sharing the boundary are generally responsible for contributing to the cost and maintenance, it is advisable to communicate and agree on all works with your neighbour before undertaking any work to avoid misunderstandings or disputes.
If a dispute does arise, your first step should always be to attempt a mediation and negotiation process with your neighbour. However, if this fails, you can seek assistance from both your local council and the DMIRS, depending on the severity of the argument. If this fails, the very last resort is to take legal action, but this can be a very time-consuming and costly process.
Height and Design Restrictions
The next important factors to consider when exploring laws and regulations surrounding fencing in Perth are the height and design restrictions. Fencing height limits can vary depending on the property type and the location, but a general rule of thumb is that they should not exceed 1.2 metres in front yards and no more than 1.8 metres for side and rear fences.
These restrictions are different for commercial properties, where height limits are often higher to allow for taller security fences to be installed. It is always essential to discuss your options with your local council or professional fencing contractors in Perth to ensure that you are meeting all legal requirements.
Of course, it’s not just about the height of your fencing in Perth. There are also a number of design guidelines that need to be met to ensure your fence contributes positively to the overall aesthetics and safety of the community.
Building Permits and Approvals
Another key aspect you must address is to have all the necessary permits and approvals in place before any work begins. Not all fencing projects will require permits, but if your long-awaited fence exceeds the standard height limits or is located in a heritage area, you will likely need a permit. Equally, any retaining walls or fences with integrated structures like a pergola will need to be approved first.
When it comes to applying for a building permit, you will be required to submit detailed plans and specifications of your fence to the local council. These plans should include a site outline, design drawings and details about the materials and construction methods that will be used. Your professional fencing contractor in Perth will be able to arrange for the submission of these documents for you to ensure a smooth approval process.
Shared Costs and Neighbour Agreements
Under the Dividing Fences Act 1961, neighbours are usually required to share the costs of constructing and maintaining a boundary fence. This law is designed to ensure fairness and encourage cooperation between property owners. However, specific cost-sharing arrangements can vary from 50:50 depending on the type of fence and/or any additional features one of the parties may choose.
Before opting for new fencing in Perth, you should discuss the installation with your neighbour. Discuss the benefits of a new fence with them and also be sure to provide them with clear cost estimates. You should also seek their input on design preferences to ensure that both parties are happy with the results.
Special Considerations
The vast majority of fencing in Perth is very straightforward, however occasionally there are occasions when special considerations will need to be factored in. One such instance is where properties are based within heritage areas. There are usually strict regulations to protect historic and architecturally significant homes and their surroundings. Any fencing in these areas must adhere to strict design and material guidelines. If you live in one of these areas, be sure to consult with your fencing contractors and local council before starting any work.
Also, there are also certain environmental protections that you will need to consider if your property is near protected habitats. In these regions, there might be restrictions on the use of certain materials or designs in order to minimise environmental impact.
Need Help with Your Fencing in Perth?
If you are looking to transform the exterior of your property and install high-quality fencing, then our team here at Firm Fencing is on hand to help you! As one of the most experienced fencing contractors in Perth, we pride ourselves on delivering exceptional results with every project and know exactly what it takes to ensure your fence meets all regulations and legal requirements.
Want to learn more about our extensive range of services and how we can support you? Get in touch with our team today!