Dividing fences orders

List of orders NCAT can make under the Dividing Fences Act 1991 (NSW).

If you are applying to NCAT you must quote the section of the Act that you issue falls under. Write the section number in the orders section of the application form. 

Please also provide the following additional information with your dividing fences application.

  • Details about the existing dividing fence.
  • Describe the fencing work you want done (e.g. type of fence, height and length of the fence, the position of the fencing work, materials to be used, name of the proposed fencing contractor).
  • Attach a copy of the quote. What portion of the cost of the fence is to be paid by each party?

If you have received a notice of hearing, the section numbers may help you understand why you have been taken to NCAT and the types of supporting documents you should gather. 
   

A dividing fences application to NCAT must be made at least 1 month after the Fencing Notice has been served.

Section Orders Who can apply?
14(1)(a) An order determining the boundary or line on which the fencing work is to be carried out

Owner or adjoining owner

14(1)(b)

An order determining the fencing work to be carried out (including the kind of dividing fence involved)

Owner or adjoining owner

14(1)(c)

An order determining the manner in which contributions for the fencing work are to be apportioned or re-apportioned between the parties or the amount that each adjoining owner is liable to pay for that work

Owner or adjoining owner

14(1)(d)

An order determining which portion of the dividing fence is to be constructed or repaired by either owner

Owner or adjoining owner

14(1)(e)

An order determining the time within which the fencing work is to be carried out

Owner or adjoining owner

14(1)(f)

An order for compensation for loss of occupation or use of land

Owner or adjoining owner

14(1)(g)

An order that no dividing fence is required in part or whole

Owner or adjoining owner

Last updated:

30 Jul 2024

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