A dividing fence is defined as a fence situated on or about the boundary separating two lots. The Shire’s Fencing Local Law defines a “sufficient fence” for the purposes of the Dividing Fences Act or fencing other than that within the primary street setback area and prescribes the materials and height.

The Shire has no jurisdiction on disputes regarding fencing covered by the Dividing Fences Act.

Any agreement, contract or covenant relating to dividing fences between owners of adjoining land overrides the provisions of the Act and in most cases a dispute between neighbours will be dealt with by the Magistrates Court. Therefore, when issues with a dividing fence occur it is best to try to approach the owner of the adjoining land, discuss issues, and try to resolve matters together.

The Department of Mines, Industry Regulation and Safety provides advice for fencing under the Dividing Fences Act, primarily relating to the cost, contributions and seeking agreement about type, height, design and location of fencing and matters relating to repairing an existing fence. Fencing information can be found at Dividing fences | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au)

For further information on dividing fences please contact the Department of Mines, Industry Regulation and Safety on 1300 489 099 or be.info@dmirs.wa.gov.au

Front Fences

The Shire of Peppermint Grove encourages a high standard of front fencing that allows houses to visually contribute to the streetscape. For heritage places, front fencing should be of a complementary design, scale and material.

Standards for front fencing within the primary street setback area are prescribed by the Shire’s Local Planning Policy 12 – Front Fences. These standards vary the deemed-to-comply requirements contained in the Residential Design Codes of Western Australia.

Under the local planning policy front fences should have an open visual aspect and not exceed 2.1m in height above the mean natural ground level on the street side of the fence. For all walls along the front boundary, where the lower portion of the wall is solid, the heigh shall not exceed 900mm.

Application Forms and Documents

Development Application

Building Permit

Fencing Local Law