Fences

Fences can be constructed without planning approval in many circumstances under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.  

There are different requirements for fences depending on whether they are located in residential, rural, environmental, business and industrial zones.

You can find the zoning that applies to your property by using the NSW Planning Portal Spatial Viewer.

When fences cannot be built as exempt development

Fences cannot be built as exempt development if they are:

• on a lot, or along a boundary, containing a heritage or draft heritage item
• along the boundary of, or in the setback area of a primary or secondary road in a conservation area or draft conservation area (applies to residential, rural and environmental protection zones)
• along the boundary of, or in the setback area of, a primary or secondary road in business zones
• in foreshore areas or on flood control lots (applies to commercial, industrial and most residential zones except R5)
• in a critical habitat under the Threatened Species Conservation Act 1995 or Fisheries Management Act 1994
• land in a wilderness area under the Wilderness Act 1987.

open_in_full

General requirements for all exempt fences

To be accepted as exempt development, all fences must meet these baseline standards:

• Gates must not open outwards.
• On bushfire prone land, fences must be built from non-combustible materials or hardwood.
• Any metal components must use low reflective, factory pre-coloured materials.
• Electric fencing and barbed wire are not permitted in residential, business or industrial zones, except in zone R5.
• If a fence is in a koala habitat area or movement corridor, additional local controls may apply.

Fences in residential zones (R1, R2, R3, R4 and RU5)

To be classified as exempt development, residential fences must meet the following standards:

• Side and rear boundary fences must not exceed 1.8 m, or 1.2 m if built from masonry.
• Fences along a boundary with, or within the setback area of, a primary or secondary road must not exceed 1.2 m in height. (This includes the front boundary and side boundaries on corner lots).
• Corner lots may have solid fences up to 1.8 m high along the rear 50% of the secondary frontage.

open_in_full

Fences for swimming pools in zone (R1, R2, R3, R4 or RU5)

Fences for swimming pools must comply with the requirements of the Swimming Pools Act 1992.

When fences are on a sloping site

If the fence is stepped to accommodate a slope, it may be up to 2.2 m above existing ground level at each step.

open_in_full

Transparency and post-size requirements

For secondary road frontages:

• Fencing above 400 mm must be at least 20% transparent.
• Solid piers or posts cannot exceed 350 mm in width.

Fences in rural, environmental and R5 zones

In rural and environmental protection zones, and in R5 villages, fences may be exempt development if they meet these conditions:

• Fences must not exceed 1.8 m in height.
• Construction must use post and wire or post and rail systems.
• Masonry materials may only be used within 3 m on either side of the driveway entrance from the primary road.
• Electric fencing must comply with AS/NZS 3014:2003.

Fences in business and industrial zones

Fences may be exempt development in business and industrial zones if they meet the following standards:

• Maximum height of 3 m, or 1.2 m for masonry fencing.
• Where a lot adjoins a residential zone, at least 75% of the fencing above 1.8 m must be transparent.
• Along a road boundary or within a road setback, at least 75% of fencing above 1.2 m must be transparent.

Temporary construction: fencing, hoardings and scaffolding

Temporary construction of fencing, hoardings and scaffolding can be exempt development if they comply with:

• AS 4687—2007 for temporary fencing and hoardings.
• Requirements of the Work Health and Safety Act 2011 and WHS Regulation 2017.
• All structures must enclose the work area and be removed immediately after construction if safe to do so.

When exempt standards cannot be met

If a proposed fence does not qualify as exempt development, it may still qualify as complying development.

Residential zones R1, R2, R3, R4 and Rural Zone RU5

Fences must comply with all standards in the General Housing Code (Part 3). (Note: the General Housing Code does not apply to R5.)

Business and industrial zones

Fences must comply with the Commercial and Industrial Alterations Code (Parts 5 and 5A).

If you plan to build a fence as complying development, we recommend you contact your council or an accredited certifier to discuss your options.  

If a fence does not meet either exempt or complying standards, a full development application must be lodged with council.

Other requirements and important considerations

Before building a fence, consider the following:

• The Dividing Fences Act 1991 applies to boundary fences shared with neighbours.
• Council approval may be required for removal or pruning of trees or vegetation.
• Any structure on, or over, public land or a public road requires separate approval under the Roads Act 1993 or Local Government Act 1993. 
• All works must be structurally adequate, installed to manufacturer specifications and compliant with the Building Code of Australia.