{"id":"a-1981-39","name":"Common Boundaries Act 1981","slug":"common-boundaries-act-1981","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"39 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23241,"registerId":"act-a-1981-39-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Common Boundaries Act 1981","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCommon Boundaries Act 1981\nA1981-39\nRepublication No 23\nEffective: 6 December 2025\nRepublication date: 6 December 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Common Boundaries Act 1981 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 December 2025.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 6 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCommon Boundaries Act 1981\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n1A Dictionary 2\n1B Notes 2\nPart 2 Dividing fences\nDivision 2.1 Fences requested by occupiers\n2 Definitions for div 2.1 3\n2A When land is a parcel of land 4\n2B When land is not a parcel of land 5\n2C Cost of erecting new fence includes cost of removing existing fence 5\n2D Cost of erecting fence includes fee payable to surveyor 5\n4 Application to ACAT—new fence determination 6\n5 Application to ACAT—repair determination 6\n\nContents\nPage\ncontents 2 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Application to ACAT—repair cost determination 7\n7 Application to ACAT—unleased land determination 8\n8 Parties to applications 9\n9 Non-compliant notices 9\n10 ACAT powers—new fence determination 10\n11 ACAT powers—repair determination 11\n12 ACAT powers—repair cost determination 12\n13 ACAT powers—unleased land determination 12\n13A Matters to be taken into account—dividing fences a safety barrier for\nregulated swimming pool 13\n14 Applications for variation of certain determinations 14\n18 Service of documents 14\n19 Apportionment of liability of joint lessees 14\n21 Div 2.3 not affected 15\n22 Directions about entry by people on land 15\nDivision 2.2 Fences required by authority\n23 Boundary between leased and unleased land 16\n24 Boundary between 2 parcels of leased land 16\n25 Notice under div 2.2 16\n26 Noncompliance with notice under div 2.2 16\nDivision 2.3 Damage by fire to fences\n26A Damage by fire to dividing fence 17\nPart 3 Party walls\n27 Meaning of party wall in pt 3 18\n28 Erection of party walls 18\nPart 4 Miscellaneous\n29 Regulation-making power 20\nDictionary 21\nEndnotes\n1 About the endnotes 23\n\nContents\nPage\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2 Abbreviation key 23\n3 Legislation history 24\n4 Amendment history 29\n5 Earlier republications 35\n\n\n\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCommon Boundaries Act 1981\nAn Act relating to dividing fences and party walls\n\nPart 1 Preliminary\nSection 1\npage 2 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Common Boundaries Act 1981.\n1A Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘party wall, for part 3 (Party\nwalls)—see section 27.’ means that the term ‘party wall’ is defined in that\nsection for part 3.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n1B Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nDividing fences Part 2\nFences requested by occupiers Division 2.1\nSection 2\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Dividing fences\nDivision 2.1 Fences requested by occupiers\n2 Definitions for div 2.1\nIn this division:\nNote A definition applies except so far as the contrary intention appears (see\nLegislation Act, s 155).\nbasic fence means—\n(a) for a fence to be erected between parcels of land in the city\narea—a basic urban fence; or\n(b) in any other case—a basic rural fence.\nbasic rural fence means a wire fence that is 1.2m in height above\nfinished ground level and has—\n(a) for intermediate posts—steel line posts spaced at 4m intervals;\nand\n(b) for strainer posts—hardwood posts spaced at 40m intervals with\nhardwood bracing at corners; and\n(c) 3mm galvanised steel wire at the top, bottom and mid-line of the\nfence; and\n(d) 1060mm wide and 40mm mesh size galvanized wire netting.\nbasic urban fence means a timber paling fence, that is 1.5m in height\nabove finished ground level and has—\n(a) reinforced spade-end precast concrete posts spaced at 2.4m; and\n(b) a 75mm x 50mm hardwood rail at the top and bottom of the\nfence that is fixed to the posts; and\n(c) 100mm x 12mm hardwood palings nailed to the rails.\n\nPart 2 Dividing fences\nDivision 2.1 Fences requested by occupiers\nSection 2A\npage 4 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nnew fence determination means a determination of the ACAT under\nsection 10.\noccupier, in relation to a parcel of land, means—\n(a) for a parcel held under a lease, other than a weekly or fortnightly\ntenancy, from the Commonwealth—the person by whom the\nparcel is so held; or\n(b) for a parcel vested in a person for an estate in fee simple—the\nperson in whom the parcel is so vested; or\n(c) if neither paragraph (a) nor (b) applies—\n(i) for Territory land—the Territory; and\n(ii) for national land—the Commonwealth.\nregistrar means the registrar of the Magistrates Court.\nrepair cost determination means a determination of the ACAT under\nsection 12.\nrepair determination means a determination of the ACAT under\nsection 11.\nrules means the rules under the ACT Civil and Administrative\nTribunal Act 2008.\nunleased land determination means a determination of the ACAT\nunder section 13.\n2A When land is a parcel of land\nFor this division, land is a parcel of land if—\n(a) the land is held by a person under a lease, other than a weekly\nor fortnightly tenancy, from the Territory; or\n(b) the land is held by a person under a land sublease; or\n\nDividing fences Part 2\nFences requested by occupiers Division 2.1\nSection 2B\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the land is a block within the meaning of the Districts Act 2002\non which there is a building other than—\n(i) a bus shelter; or\n(ii) a building consisting only of a public toilet.\n2B When land is not a parcel of land\n(1) For this division, land is not a parcel of land if—\n(a) the land is a public park; or\n(b) the land is a reserve; or\n(c) the land is a sports ground.\n(2) In this section:\nreserve—see the Nature Conservation Act 2014, section 169.\nNote Reserves include wilderness areas, national parks, nature reserves,\ncatchment areas and other areas of public land.\n2C Cost of erecting new fence includes cost of removing\nexisting fence\nFor this division, if a new fence is to be erected in place of an existing\nfence, the cost of removing the existing fence is taken to be part of\nthe cost of erecting the new fence.\n2D Cost of erecting fence includes fee payable to surveyor\nFor this division, a fee payable to a surveyor to survey the boundary\nor line along which a fence is to be erected is taken to be included in\nthe cost of erecting the fence or erecting a new fence in place of an\nexisting fence.\n\nPart 2 Dividing fences\nDivision 2.1 Fences requested by occupiers\nSection 4\npage 6 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Application to ACAT—new fence determination\n(1) This section applies if—\n(a) adjoining parcels of land are not separated by a fence; and\n(b) the occupier of 1 of the parcels has asked the occupier of the\nadjoining parcel to join in erecting a fence between the parcels;\nand\n(c) either—\n(i) the occupier of the adjoining parcel has refused to join in\nerecting the fence; or\n(ii) the occupiers of the parcels are unable to agree about a\nmatter relating to the construction of the fence.\n(2) Either occupier may apply to the ACAT for a new fence\ndetermination.\n(3) However, an occupier must not apply to the ACAT unless—\n(a) the occupier has given the occupier of the adjoining parcel\n(the other occupier) a notice asking the other occupier to discuss\nerecting, and paying for, the fencing of the boundary between\nthe parcels; and\n(b) 30 days have passed since the day the occupier gave the notice\nto the other occupier.\n(4) For subsection (1), an occupier who does not join in erecting a fence\nwithin 14 days after the day the occupier is asked to join is taken to\nhave refused to join in erecting the fence.\n5 Application to ACAT—repair determination\n(1) This section applies if—\n(a) adjoining parcels of land are separated by a fence; and\n\nDividing fences Part 2\nFences requested by occupiers Division 2.1\nSection 6\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the occupier of 1 of the parcels of land has asked the occupier of\nthe adjoining parcel to join in repairing or replacing the fence;\nand\n(c) either—\n(i) the occupier of the adjoining parcel has refused to join in\nrepairing or replacing the fence; or\n(ii) the occupiers of the parcels of land are unable to agree\nabout a matter relating to the repair or replacement of the\nfence.\n(2) Either occupier may apply to the ACAT for a repair determination.\n(3) However, the occupier of a parcel must not apply to the ACAT\nunless—\n(a) the occupier has given the occupier of the adjoining parcel\n(the other occupier) a notice asking the other occupier to discuss\nthe repair or replacement of the fence between the parcels; and\n(b) 30 days have passed since the day the occupier gave the notice\nto the other occupier.\n(4) For subsection (1), an occupier who does not join in repairing or\nreplacing a fence within 14 days after the day the occupier is asked to\njoin is taken to have refused to join in repairing or replacing the fence.\n6 Application to ACAT—repair cost determination\n(1) This section applies if—\n(a) a fence between adjoining parcels of land has been damaged or\ndestroyed; and\n(b) the fence needs to be repaired or replaced without delay to\nprotect people lawfully at premises on 1 of the parcels or to\nprevent the escape of animals.\n\nPart 2 Dividing fences\nDivision 2.1 Fences requested by occupiers\nSection 7\npage 8 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The occupier of either parcel may, without giving notice to the\noccupier of the adjoining parcel, repair or replace the fence.\n(3) The occupier who repairs or replaces a fence under subsection (2)\nmay apply to the ACAT for a repair cost determination.\n(4) However, the occupier must not apply to the ACAT unless—\n(a) the occupier has given the occupier of the adjoining parcel\n(the other occupier) a notice asking the other occupier to discuss\ncontributing to the cost of repairing or replacing the fence; and\n(b) 14 days have passed since the day the occupier gave the notice\nto the other occupier.\n(5) In this section:\npeople lawfully at premises includes a person—\n(a) living in the premises; or\n(b) invited to visit the premises by a person living in the premises;\nor\n(c) otherwise lawfully entitled to be at the premises.\n7 Application to ACAT—unleased land determination\n(1) This section applies if—\n(a) the occupier of a parcel of land has begun erecting a fence\nbetween the parcel and adjoining land that is not a parcel of land\nfor this division; and\n(b) after the erecting began, the adjoining land becomes a parcel of\nland for this division.\n(2) The occupier may apply to the ACAT for an unleased land\ndetermination.\n\nDividing fences Part 2\nFences requested by occupiers Division 2.1\nSection 8\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Parties to applications\nThe parties to an application are—\n(a) for a new fence determination—the applicant and the person to\nwhom the applicant gives a notice under section 4 (3) (a); and\n(b) for a repair determination—the applicant and the occupier to\nwhom the applicant gives notice under section 5 (3) (a); and\n(c) for a repair cost determination—the applicant and the person to\nwhom the applicant gives the notice under section 6 (4) (a); and\n(d) for an unleased land determination—the applicant and the owner\nor occupier of the adjoining parcel of land; and\n(e) for an application to which section 9 applies—\n(i) the applicant; and\n(ii) either—\n(A) the person to whom a document mentioned in\nsection 9 (2) (a), (b) or (c) is given; or\n(B) the person declared under an order under section 9 (2)\n(d) to be the respondent to the application.\n9 Non-compliant notices\n(1) An applicant who fails to comply with a notice requirement under\nsection 4 (3), section 5 (3) or section 6 (4) (the relevant provision)\nmay apply to the ACAT for an order under this section.\n(2) The ACAT may, by order—\n(a) accept a document given to the respondent as notice under the\nrelevant provision; or\n(b) correct a defect in a notice given to the respondent; or\n(c) deal with the application as if the notice given to the respondent\ncomplied with the relevant provision; or\n\nPart 2 Dividing fences\nDivision 2.1 Fences requested by occupiers\nSection 10\npage 10 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) if no notice has been given under the relevant provision—\ndeclare who the respondent to the application is.\n(3) If the parties consent, the ACAT may, by order, waive a requirement\nto—\n(a) give written notice; or\n(b) wait a certain period before making an application.\n10 ACAT powers—new fence determination\n(1) This section applies if the ACAT holds a hearing on an application\nfor a new fence determination.\n(2) The ACAT may determine—\n(a) the nature of the fence that should be erected between the parcels\nof land occupied by the parties; and\n(b) the line where the fence should be erected; and\n(c) the party who should be responsible for erecting the fence; and\n(d) the amount that should be contributed by the other party to the\ncost of erecting the fence; and\n(e) how, and by when, the amount should be paid to the party\nresponsible for erecting the fence.\n(3) If a party asks the ACAT to determine that a basic fence is to be\nerected between the parcels of land to which the application relates,\nthe ACAT must not require the party to contribute more than ½ the\ncost of erecting a basic fence between the parcels.\n(4) Subsection (3) does not apply in relation to parcels of land if the\nACAT is satisfied that—\n(a) it is not practicable for a basic fence to be erected between the\nparcels of land; or\n\nDividing fences Part 2\nFences requested by occupiers Division 2.1\nSection 11\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) there are special circumstances that require a fence, other than a\nbasic fence, to be erected.\n11 ACAT powers—repair determination\n(1) This section applies if the ACAT holds a hearing on an application\nfor a repair determination.\n(2) The ACAT must determine if the fence to which the application\nrelates is in need of repair or replacement.\n(3) If the ACAT determines that the fence is in need of repair or\nreplacement, the ACAT may determine—\n(a) whether the party other than the applicant should be required to\ncontribute to the cost of the repair or replacement of the fence;\nand\n(b) the nature of the repair that is required or the nature of the\nreplacement fence that should be erected; and\n(c) the line where the fence should be erected; and\n(d) the party who should be responsible for the repair or\nreplacement; and\n(e) the amount that should be contributed by the other party to the\ncost of the repair or replacement; and\n(f) how, and by when, the amount should be paid to the party\nresponsible for the repair or replacement.\n(4) For the purpose of determining the amount that should be contributed\nunder subsection (3) (e), the ACAT must apply the principle that the\ncost should be borne by the parties in equal proportions unless there\nare circumstances that make it just that 1 party bears a greater\nproportion of the cost than the other party.\n\nPart 2 Dividing fences\nDivision 2.1 Fences requested by occupiers\nSection 12\npage 12 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 ACAT powers—repair cost determination\n(1) This section applies if the ACAT holds a hearing on an application\nfor a repair cost determination.\n(2) The ACAT must determine whether it is reasonable for the party other\nthan the applicant to be required to contribute to the cost of the repair\nor replacement by the applicant.\n(3) If the ACAT determines that it is reasonable for the party to be\nrequired to contribute to the cost of the repair or replacement, the\nACAT must also determine—\n(a) the amount that should be contributed; and\n(b) how, and by when, the amount should be paid to the applicant.\n(4) For the purpose of determining the amount that should be contributed\nunder subsection (3) (a), the ACAT must apply the principle that the\ncost should be borne by the parties in equal proportions unless there\nare circumstances that make it just that 1 party bears a greater\nproportion of the cost than the other party.\n13 ACAT powers—unleased land determination\n(1) This section applies if the ACAT holds a hearing on an application\nfor an unleased land determination.\n(2) The ACAT must determine whether it is reasonable for the party other\nthan the applicant to be required to contribute to the cost of the\napplicant erecting the fence.\n(3) If the ACAT determines that it is reasonable for the party to contribute\nto the cost, the ACAT must also determine—\n(a) the amount that should be contributed; and\n(b) how, and by when, the amount should be paid to the applicant.\n\nDividing fences Part 2\nFences requested by occupiers Division 2.1\nSection 13A\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) For subsection (3) (a), the amount must be—\n(a) if the adjoining land became a parcel of land for this division\nless than 6 months after the applicant began erecting the fence—\nthe lesser of the following:\n(i) 1/2 the cost of erecting the fence;\n(ii) 1/2 of what it would have cost to erect a basic fence; and\n(b) if the adjoining land became a parcel of land for this division\n6 months or more after the applicant began erecting the fence—\na reasonable amount that is not more than the lesser of the\nfollowing:\n(i) 1/2 the cost of erecting the fence;\n(ii) 1/2 of what it would have cost to erect a basic fence.\n13A Matters to be taken into account—dividing fences a\nsafety barrier for regulated swimming pool\n(1) This section applies if—\n(a) the ACAT is required to make a determination under this\ndivision; and\n(b) the determination involves a fence that forms part, or will form\npart, of a safety barrier for a regulated swimming pool.\n(2) The ACAT must take into account the matters prescribed by\nregulation.\n(3) In this section:\nregulated swimming pool—see the Building Act 2004,\nsection 83B (1).\nsafety barrier, for a regulated swimming pool—see the Building\nAct 2004, section 83B (1).\n\nPart 2 Dividing fences\nDivision 2.1 Fences requested by occupiers\nSection 14\npage 14 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Applications for variation of certain determinations\n(1) A person who was a party to an application for a determination under\nthis division (other than under section 13) may apply to the ACAT\nfor a variation of the determination.\n(2) The parties to the application are the applicant and the other party to\nthe application on which the determination was made.\n18 Service of documents\n(1) A document that is required by this division to be served on the\noccupier of a parcel of land may be served—\n(a) if the occupier is the Territory—by sending the notice by post to\nthe director-general; and\n(b) if the occupier is the Commonwealth—by sending the notice by\npost to the secretary to the Commonwealth department for the\ntime being responsible for the administration of national land;\nand\n(c) in any other case—by sending the document by post addressed\nto the occupier at the occupier’s address last known to the person\nsending the document or at the parcel of land.\n(2) If 2 or more people are the occupiers of a parcel of land, a document\nthat has been served on one of them is taken to have been served on\nall of them.\n(3) This section does not limit the operation of any other territory law\n(including the rules) that authorises or requires service of a document\notherwise than as provided under this section.\n19 Apportionment of liability of joint lessees\n(1) In this section:\norder means—\n(a) a determination of the ACAT under this division; or\n\nDividing fences Part 2\nFences requested by occupiers Division 2.1\nSection 21\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) an order (however described) under the rules in relation to the\nenforcement of a determination mentioned in paragraph (a).\n(2) If 2 or more people occupy a parcel of land as joint tenants, tenants\nin common or joint lessees and an order requires them to make a\npayment—\n(a) they are jointly and severally liable for the payment of the\namount payable under the order; and\n(b) as between themselves, the liability to pay the amount must, in\nthe absence of agreement to the contrary, be borne in equal\nproportions; and\n(c) one of them who pays more than his or her proportionate amount\nmay recover the excess as a debt due by the others.\n21 Div 2.3 not affected\nThis division does not affect the operation of division 2.3 (Damage\nby fire to fences).\n22 Directions about entry by people on land\n(1) This section applies if the ACAT makes a determination under this\ndivision in relation to erecting, repairing or replacing a fence.\n(2) The ACAT may give the directions that it considers necessary in\nrelation to the entry of people on land to erect, repair or replace the\nfence.\n(3) However, the ACAT must not give directions under this section in\nrelation to the entry of people on land, other than land occupied by—\n(a) a party to the application; or\n(b) a sublessee, tenant, licensee or other person in possession from\na party to the application.\n\nPart 2 Dividing fences\nDivision 2.2 Fences required by authority\nSection 23\npage 16 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If a person is given a direction under this section, the person may\nenter on land to undertake work necessary to erect, repair or replace\nthe fence stated in the direction—\n(a) at any reasonable time; and\n(b) in accordance with the direction.\nDivision 2.2 Fences required by authority\n23 Boundary between leased and unleased land\nIf there is a common boundary between a parcel of leased Territory\nland and an area of unleased Territory land, the territory planning\nauthority may, by written notice to the lessee of the parcel of leased\nland, require the lessee to erect a fence on that boundary or any part\nof it.\n24 Boundary between 2 parcels of leased land\nIf there is a common boundary between 2 parcels of leased Territory\nland included in different leases, the territory planning authority may,\nby written notice to each lessee, require them jointly to erect a fence\non that boundary or any part of it.\n25 Notice under div 2.2\nA notice under section 23 or 24 must specify the fence to be erected\nand the part of the boundary where it is to be erected.\n26 Noncompliance with notice under div 2.2\nIf a fence in compliance with a notice is not erected within 1 month\nafter the date of the notice—\n(a) the territory planning authority may, at the cost of the lessee,\ncause the fence to be erected; and\n\nDividing fences Part 2\nDamage by fire to fences Division 2.3\nSection 26A\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the lessee must pay to the authority, on demand, the amount\nfixed by the authority as the cost of erecting the fence or as the\nproportion payable by the lessee of that cost.\nDivision 2.3 Damage by fire to fences\n26A Damage by fire to dividing fence\n(1) This section applies if—\n(a) the occupier of land (the clearing occupier) clears the land of\nflammable materials for the space of 6m from a fence\n(a dividing fence) dividing the land from the land of another\nowner or occupier; and\n(b) the other owner or occupier (the non-clearer) neglects or omits\nto clear the owner or occupier’s land; and\n(c) damage from fire happens to the dividing fence because of the\nneglect or omission.\n(2) The non-clearer must, at the non-clearer’s expense, arrange for the\ndividing fence to be repaired or replaced within—\n(a) 1 month after the day it is damaged; or\n(b) if the ACAT extends the time to repair or replace the fence—the\nextended time.\n(3) If the non-clearer applies for an extension of time to repair or replace\nthe dividing fence, the non-clearer must give the clearing occupier\nreasonable notice of the application.\n(4) If the non-clearer refuses or omits to repair or replace the dividing\nfence within the time required under subsection (2), the clearing\noccupier may repair or replace the fence.\n(5) An amount incurred by the clearing occupier repairing or replacing\nthe dividing fence is taken to be an amount owing to the clearing\noccupier by the non-clearer.\n\nPart 3 Party walls\nSection 27\npage 18 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Party walls\n27 Meaning of party wall in pt 3\nIn this part:\nparty wall—\n(a) means a wall or structure designed for the common use of 2 or\nmore buildings and erected, or to be erected, on a common\nboundary, or part of such a boundary, between 2 parcels of land,\nand extending laterally into each of those parcels of land; and\n(b) includes any wall that is completely or partly used to support\n2 or more buildings, if the wall was erected in connection with\na building for which there is a certificate of occupancy under the\nBuilding Act 2004.\n28 Erection of party walls\nIf, in a building approval under the Building Act 2004 for a building\nto be erected on land that is leased Territory land, a party wall is\nshown or provided for on the common boundary, or part of that\nboundary, between 2 parcels of land that are leased Territory land—\n(a) the lessee of each parcel of land may, during the term of the\nlease—\n(i) erect, maintain and use a party wall in the position shown\non the building plan or design; and\n(ii) use for the support of the building or buildings provided\nfor in, or shown on, the building plan or design and erected\non the parcel of land of which he or she is lessee any party\nwall so erected; and\n(b) the lessees of the 2 parcels of land may agree about the lessee\nby whom the party wall is to be erected and in what proportions\nthe cost of erection is to be borne by them; and\n\nParty walls Part 3\nSection 28\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) if the lessee of 1 parcel of land (the first lessee) has at the\nlessee’s expense erected a party wall—the lessee of the other\nparcel of land must immediately after beginning to erect a\nbuilding on the other parcel of land pay to the first lessee a\nproportion of the cost of the erection of the party wall; and\n(d) in default of agreement between the lessees about the\napportionment of the cost of erecting a party wall—the territory\nplanning authority may, at the request of either lessee, determine\nthe cost of erecting the party wall and the proportion of the cost\nto be borne by each lessee; and\n(e) if any period has elapsed between the date of the completion of\na party wall by the lessee of 1 parcel of land and the date of the\nbeginning of the erection of a building on the other parcel of\nland—a reasonable allowance must be made for depreciation of\nthe party wall in determining the proportion payable by the other\nlessee of the cost of erection of the party wall; and\n(f) the amount agreed on, or determined by the territory planning\nauthority, as payable by 1 lessee to another lessee under this\nsection is a debt due and recoverable by the other lessee in any\ncourt of competent jurisdiction.\n\nPart 4 Miscellaneous\nSection 29\npage 20 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n29 Regulation-making power\nThe Executive may make regulations for this Act.\n\nDictionary\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 1A)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• director-general (see s 163)\n• national land\n• territory land\n• territory law\n• territory planning authority.\nbasic fence, for division 2.1 (Fences requested by occupiers)—see\nsection 2.\nbasic rural fence, for division 2.1 (Fences requested by occupiers)—\nsee section 2.\nbasic urban fence, for division 2.1 (Fences requested by occupiers)—\nsee section 2.\nland sublease—see the Planning Act 2023, dictionary.\nnew fence determination, for division 2.1 (Fences requested by\noccupiers)—see section 2.\noccupier, in relation to a parcel of land, for division 2.1 (Fences\nrequested by occupiers)—see section 2.\nparcel of land—\n(a) for this Act generally—includes land held under a land sublease;\nand\n(b) for division 2.1 (Fences requested by occupiers)—see\nsection 2A and section 2B.\nparty wall, for part 3 (Party walls)—see section 27.\n\nDictionary\npage 22 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nregistrar, for division 2.1 (Fences requested by occupiers)—see\nsection 2.\nrepair cost determination, for division 2.1 (Fences requested by\noccupiers)—see section 2.\nrepair determination, for division 2.1 (Fences requested by\noccupiers)—see section 2.\nrules, for division 2.1 (Fences requested by occupiers)—see\nsection 2.\nunleased land determination, for division 2.1 (Fences requested by\noccupiers)—see section 2.\n\nEndnotes\nAbout the endnotes 1\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 24 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Dividing Fences\nOrdinance 1981 No 39 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day). The Act was later renamed by the Land\n(Planning and Environment) Consequential Provisions) Act 1991\nA1991-118 (see pt 2 div 5).\nBefore 11 May 1989, ordinances commenced on notification day unless otherwise\nstated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory (Self-\nGovernment) Act 1988 (Cwlth) s 25).\nCommonwealth legislation\nCommon Boundaries Act A1981-39\nnotified 30 October 1981 (Gaz 1981 No S226)\ncommenced 30 October 1981\nas amended by\nMagistrates Court Ordinance 1985 Ord1985-67\nnotified 19 December 1985 (Gaz 1985 No S542)\ncommenced 1 February 1986 (Cwlth Gaz 1986 No G3)\nMagistrates Court (Amendment) Ordinance (No 3) 1986 Ord1986-74\nnotified 14 November 1986 (Gaz 1986 No S592)\ncommenced 14 November 1986\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164)\n\nEndnotes\nLegislation history 3\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation after becoming Territory enactment\nMagistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44\nsch 1\nnotified 20 September 1991 (Gaz 1991 No S95)\ns 1, s 2 commenced 20 September 1991 (s 2 (1))\nsch 1 commenced 25 September 1991 (s 2 (2) and Gaz 1991\nNo S103)\nLand (Planning and Environment) (Consequential Provisions)\nAct 1991 A1991-118 pt 2 div 5, sch 1 pt 5\nnotified 15 January 1992 (Gaz 1992 No S3)\ns 1, s 2 commenced 15 January 1992 (s 2 (1))\npt 2 div 5, sch 1 pt 5 commenced 2 April 1992 (s 2 (2) and Gaz 1992\nNo 13)\nStatute Law Revision (Miscellaneous Provisions) Act 1993 A1993-1\nsch 1\nnotified 1 March 1993 (Gaz 1993 No S23)\ncommenced 1 March 1993\nBushfire (Amendment) Act 1993 A1993-74 sch 2\nnotified 22 October 1993 (Gaz 1993 No S215)\ncommenced 22 October 1993 (s 2)\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 18\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 18 commenced 1 July (s 2 (2) and Gaz 1994 No S142)\nLand (Planning and Environment) (Amendment) Act 1997 A1997-7\ns 10\nnotified 22 April 1997 (Gaz 1997 No S92)\nss 1-3 commenced 22 April 1997 (s 2 (1))\ns 10 commenced 24 June 1997 (s 2 (2))\nMagistrates Court (Civil Jurisdiction) (Amendment) Act 1997\nA1997-94 sch 3\nnotified 1 December 1997 (Gaz 1997 No S380)\nss 1-3 commenced 1 December 1997 (s 2 (1))\nsch 3 commenced 25 May 1998 (s 2 (2) and Gaz 1998 No S140)\n\nEndnotes\n3 Legislation history\npage 26 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nBuilding (Amendment) Act (No 2) 1998 A1998-52 sch pt 1\nnotified 16 November 1998 (Gaz 1998 No S205)\nss 1-3 commenced 16 November 1998 (s 2 (1))\nsch pt 1 commenced 4 January 1999 (s 2 (2) and Gaz 1999 No S1)\nUtilities (Consequential Provisions) Act 2000 A2000-66 sch 1 pt 2\nnotified 20 December 2000 (Gaz 2000 No S68)\ns 1, s 2 commenced 20 December 2000 (IA s 10B)\nsch 1 pt 2 commences 1 January 2001 (s 2 (1) and Gaz 2000 No S69)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 68\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 68 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nStatute Law Amendment Act 2001 (No 2) A2001-56 pt 3.8\nnotified 5 September 2001 (Gaz 2001 No S65)\ns 1, s 2 commenced 5 September 2001 (IA s 10B)\namdt 3.11 commenced 12 September 2001 (s 2 (2))\npt 3.8 remainder commenced 5 September 2001 (s 2 (1))\nDistricts Act 2002 A2002-39 pt 1.2\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\npt 1.2 commenced 11 October 2002 (s 2)\nPlanning and Land (Consequential Amendments) Act 2002 A2002-56\nsch 3 pt 3.2\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 3 pt 3.2 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55, s 2)\nConstruction Occupations Legislation Amendment Act 2004\nA2004-13 sch 2 pt 2.5\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.5 commenced 1 September 2004 (s 2 and see Construction\nOccupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)\n\nEndnotes\nLegislation history 3\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEmergencies Act 2004 A2004-28 sch 3 pt 3.4\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\nsch 3 pt 3.4 commenced 1 July 2004 (s 2 (1) and CN2004-11)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.10\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.10 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.21\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.21 commenced 12 April 2007 (s 2 (1))\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.22\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.22 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.16\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.16 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.9\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.9 commenced 1 March 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.31\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.31 commenced 1 July 2011 (s 2 (1))\n\nEndnotes\n3 Legislation history\npage 28 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNature Conservation Act 2014 A2014-59 sch 2 pt 2.2\nnotified LR 11 December 2014\ns 1, s 2 commenced 11 December 2014 (LA s 75 (1))\nsch 2 pt 2.2 commenced 11 June 2015 (s 2 (1) and LA s 79)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 4\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 4 commenced 1 July 2015 (s 2 and CN2015-9)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 pt 3\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\npt 3 commenced 24 May 2017 (s 2 (1))\nCourts and Other Justice Legislation Amendment Act 2021 A2021-13\npt 3\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\npt 3 commenced 16 June 2021 (s 2 (3))\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.14\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.14 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nBuilding (Swimming Pool Safety) Legislation Amendment Act 2023\nA2023-46 pt 6\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\npt 6 commenced 1 May 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.35\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.35 commenced 6 December 2025 (s 2 (5))\n\nEndnotes\nAmendment history 4\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nLong title\nlong title am A1991-118\nPreliminary\npt 1 hdg ins A1991-118\nName of Act\ns 1 sub A1991-118\nDictionary\ns 1A ins A2007-3 amdt 3.104\nNotes\ns 1B ins A2007-3 amdt 3.104\nDividing fences\npt 2 hdg ins A1991-118\nFences requested by occupier\ndiv 2.1 hdg (prev pt 2 div 1 hdg) ins A1991-118\nrenum R5 LA\nDefinitions for div 2.1\ns 2 am Ord1985-67; Ord1989-38 sch 1; A1998-52 sch pt 1;\nA2000-66 sch 1 pt 2; A2001-44 amdt 1.771; A2001-56\namdt 3.11, amdt 3.12\ndef basic rural fence sub A2004-13 amdt 2.16\ndef basic urban fence sub A2004-13 amdt 2.16\ndef city area ins A1991-118 sch 1 pt 5\nom R8 LA\ndef conference ins A1997-94 sch 3\nom A2004-60 amdt 1.41\ndef conference notice ins A1997-94 sch 3\nsub A2001-44 amdt 1.769; A2004-60 amdt 1.42\nom A2009-20 amdt 3.38\ndef court am A1997-94 sch 3\nom A2007-3 amdt 3.105\ndef inquiry ins A1997-94 sch 3\nsub A2007-3 amdt 3.106\nom A2009-20 amdt 3.38\ndef inquiry notice ins A1997-94 sch 3\nsub A2001-44 amdt 1.770; A2004-60 amdt 1.43\nom A2009-20 amdt 3.38\ndef new fence determination ins A2008-37 amdt 1.81\ndef occupier am Ord1989-38 sch 1\ndef registrar ins A1997-94 sch 3\ndef repair cost determination ins A2008-37 amdt 1.81\ndef repair determination ins A2008-37 amdt 1.81\n\nEndnotes\n4 Amendment history\npage 30 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef rules ins A2004-60 amdt 1.44\nsub A2009-20 amdt 3.39\ndef unleased land determination ins A2008-37 amdt 1.81\nWhen land is a parcel of land\ns 2A ins A2001-56 amdt 3.12\nam A2002-39 amdt 1.2; A2015-19 s 9; pars renum R18 LA\nWhen land is not a parcel of land\ns 2B ins A2001-56 amdt 3.12\nam A2014-59 amdt 2.6, amdt 2.7\nCost of erecting new fence includes cost of removing existing fence\ns 2C ins A2001-56 amdt 3.12\nCost of erecting fence includes fee payable to surveyor\ns 2D ins A2001-56 amdt 3.12\nDividing Fences Act (NSW) to cease to be in force\ns 3 om A2001-44 amdt 1.772\nApplication to ACAT—new fence determination\ns 4 am A1991-44; A1991-118; A1997-94; ss renum R5 LA;\nA2004-60 amdts 1.45-1.48; ss renum R11 LA (see A2004-60\namdt 1.49)\nsub A2008-37 amdt 1.82\nam A2021-13 s 19; A2025-29 amdt 4.35\nApplication to ACAT—repair determination\ns 5 am A1997-94; ss renum R5 LA; A2004-60 amdt 1.50\nsub A2008-37 amdt 1.82\nam A2021-13 s 19; A2025-29 amdt 4.35\nApplication to ACAT—repair cost determination\ns 6 am A1991-44; A1997-94; A2004-60 amdts 1.51-1.55;\nss renum R11 LA (see A2004-60 amdt 1.56)\nsub A2008-37 amdt 1.82\nam A2017-14 s 9, s 10; A2021-13 s 20; A2025-29 amdt 4.35\nApplication to ACAT—unleased land determination\ns 7 am A1997-94; ss renum R5 LA; A2004-60 amdt 1.57\nsub A2008-37 amdt 1.82\nam A2025-29 amdt 4.35; ss renum R23 LA\nParties to applications\ns 8 am A1991-44; A1997-94; ss renum R5 LA; A2004-60\namdts 1.58-1.61; ss renum R11 LA (see A2004-60\namdt 1.62)\nsub A2008-37 amdt 1.82\nam A2021-13 s 21\n\nEndnotes\nAmendment history 4\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNon-compliant notices\ns 9 hdg sub A2004-60 amdt 1.63\ns 9 am Ord1985-67; Ord1986-74; A1991-118; A1997-94;\nA2004-60 amdt 1.64, amdt 1.65\nreloc to Magistrates Court (Civil Jurisdiction) Rules 2004 pt 18\nas s 257A by A2004-60 amdt 1.66\nins A2008-37 amdt 1.82\nsub A2021-13 s 22\nACAT powers—new fence determination\ns 10 am Ord1985-67; Ord1986-74; A1991-118\nom A1997-94\nins A2008-37 amdt 1.82\nACAT powers—repair determination\ns 11 am Ord1989-38; A1991-44; A1991-118; A1997-94; A2004-60\namdts 1.67-1.69; ss renum R11 LA (see A2004-60\namdt 1.70)\nsub A2008-37 amdt 1.82\nam A2021-13 s 23; pars renum R20 LA\nACAT powers—repair cost determination\ns 12 am A1997-94; ss renum R5 LA; A2004-60 amdt 1.71\nsub A2008-37 amdt 1.82\nACAT powers—unleased land determination\ns 13 am A1991-118\nom A1997-94\nins A2008-37 amdt 1.82\nMatters to be taken into account—dividing fences a safety barrier for\nregulated swimming pool\ns 13A ins A2023-46 s 30\nApplications for variation of certain determinations\ns 14 am A1991-118\nom A1997-94\nins A2008-37 amdt 1.82\nam A2025-29 amdt 4.35\nDealing with variations\ns 15 am A1991-118; A2007-3 amdt 3.107\nsub A2008-37 amdt 1.82\nom A2021-13 s 24\nCourt not bound by rules of evidence\ns 16 am A1991-118\nom A1997-94\n\nEndnotes\n4 Amendment history\npage 32 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAdjournment of inquiries\ns 17 am A1991-118\nom A1997-94\nService of documents\ns 18 am Ord1989-38; A1991-118; A1994-38; A1997-94;\npars renum R5 LA; A2004-60 amdt 1.72; A2011-3\namdts 3.103-3.105; A2011-22 amdt 1.97\nApportionment of liability of joint lessees\ns 19 am A1997-94; A2004-60 amdt 1.73; A2008-37 amdt 1.83;\nA2011-3 amdt 3.106\nEx parte orders may be set aside\ns 20 om A1997-94\nDiv 2.3 not affected\ns 21 am A1991-118; A1993-74; A1997-7\nsub A2004-28 amdt 3.7\nDirections about entry by people on land\ns 22 am A1991-118\nsub A2008-37 amdt 1.84\nFences required by authority\ndiv 2.2 hdg (prev pt 2 div 2 hdg) ins A1991-118\nrenum R5 LA\nsub A2002-56 amdt 3.17\nBoundary between leased and unleased land\ns 23 ins A1991-118\nam A2002-56 amdt 3.19; A2023-36 amdt 1.85\nBoundary between 2 parcels of leased land\ns 24 ins A1991-118\nam A2002-56 amdt 3.19; A2023-36 amdt 1.85\nNotice under div 2.2\ns 25 ins A1991-118\nam A2011-3 amdt 3.107\nNoncompliance with notice under div 2.2\ns 26 ins A1991-118\nam A2002-56 amdt 3.18, amdt 3.19; A2011-3 amdt 3.107;\nA2023-36 amdt 1.85\nDamage by fire to fences\ndiv 2.3 hdg ins A2004-28 amdt 3.8\nDamage by fire to dividing fence\ns 26A reloc from Bushfire Act 1936 s 11 by A2004-28 amdt 3.6\nsub A2008-37 amdt 1.85\n\nEndnotes\nAmendment history 4\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nParty walls\npt 3 hdg ins A1991-118\nMeaning pf party wall in pt 3\ns 27 ins A1991-118\nam A2004-13 amdt 2.17\nErection of party walls\ns 28 ins A1991-118\nam A2002-56 amdt 3.19; A2004-13 amdt 2.18; A2011-3 amdts\n3.108-3.112; A2023-36 amdt 1.85\nMiscellaneous\npt 4 hdg ins A2001-44 amdt 1.773\nom A2004-60 amdt 1.74\nins A2023-46 s 31\nRegulation-making power\ns 29 ins A2001-44 amdt 1.773\n(6)-(9) exp 12 September 2002 (s 29 (9))\nom A2004-60 amdt 1.74\nins A2023-46 s 31\nSchedule\nsch am Ord1985-67; A1991-44; A1993-1; A1997-94\nom A2001-44 amdt 1.774\nDictionary\ndict ins A2007-3 amdt 3.108\nam A2008-37 amdt 1.86, amdt 1.87; A2011-3 amdt 3.113;\nA2011-22 amdt 1.98; A2023-36 amdt 1.86\ndef basic fence ins A2007-3 amdt 3.108\ndef basic rural fence ins A2007-3 amdt 3.108\ndef basic urban fence ins A2007-3 amdt 3.108\ndef conference notice ins A2007-3 amdt 3.108\nom A2009-20 amdt 3.40\ndef inquiry ins A2007-3 amdt 3.108\nom A2009-20 amdt 3.40\ndef inquiry notice ins A2007-3 amdt 3.108\nom A2009-20 amdt 3.40\ndef land sublease ins A2015-19 s 10\nsub A2023-36 amdt 1.87\ndef new fence determination ins A2008-37 amdt 1.88\ndef occupier ins A2007-3 amdt 3.108\ndef parcel of land ins A2007-3 amdt 3.108\nsub A2015-19 s 11\ndef party wall ins A2007-3 amdt 3.108\ndef registrar ins A2007-3 amdt 3.108\ndef repair cost determination ins A2008-37 amdt 1.88\n\nEndnotes\n4 Amendment history\npage 34 Common Boundaries Act 1981\nEffective: 06/12/25\nR23\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef repair determination ins A2008-37 amdt 1.88\ndef rules ins A2007-3 amdt 3.108\ndef unleased land determination ins A2008-37 amdt 1.88\n\nEndnotes\nEarlier republications 5\nR23\n06/12/25\nCommon Boundaries Act 1981\nEffective: 06/12/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1991-44 30 September 1991\n2 A1993-1 1 March 1993\n3 A1994-38 31 January 1995\n4 A1997-94 1 June 1998\n5 A2001-56 18 January 2002\n6 A2001-56 13 September 2002\n7 A2002-39 11 October 2002\n8* A2002-56 1 July 2003\n9 A2004-28 1 July 2004\n10 A2004-28 1 September 2004\n11 A2004-60 10 January 2005\n12 A2007-3 12 April 2007\n13 A2008-37 2 February 2009\n14* A2009-20 22 September 2009\n15 A2011-3 1 March 2011\n16 A2011-22 1 July 2011\n17 A2014-59 11 June 2015\n18 A2015-19 1 July 2015\n19 A2017-14 24 May 2017\n20 A2021-13 16 June 2021\n21 A2023-36 27 November 2023\n22 A2023-46 1 May 2024\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains focused on dividing fences and party walls—the subject of the original ordinance. Amendments over time have modernised procedures (transfer of dispute functions to ACAT), clarified definitions (what counts as a parcel of land), added practical items (surveyor fees, removal costs), provided administrative enforcement powers for the territory planning authority, and introduced pool-safety considerations (s 13A). These are incremental updates and operational clarifications within the Act's original purpose rather than a significant expansion of scope."},"complexity_factors":["Four Parts with multiple divisions (Parts 1–4, Divs 2.1–2.3) and numerous short sections","Several defined terms and technical definitions (basic rural/urban fence, occupier, parcel of land) in s 2 and the Dictionary","Multiple tribunal pathways and determination types (new fence, repair, repair cost, unleased land) with different procedural prerequisites (ss 4–7, 10–13)","Different notice periods and conditions (30 days before new/repair applications; 14 days for joining or emergency repairs) and ACAT power to cure defective notices (ss 4(3), 5(3), 6(4), 9)","Cost rules with ceilings and exceptions (1/2 cost cap for basic fences in s 10(3) and exceptions in s 10(4); equal-sharing default in ss 11(4), 12(4))","Cross-references to other statutes and instruments (Building Act 2004 for pool safety and certificates, Planning Act/territory law for parcel definitions, ACAT rules)","Enforcement and administrative complexity (territory planning authority powers s 23–26, ACAT directions re entry s 22, apportionment among joint lessees s 19)","Special provisions relocated from other Acts (fire provision s 26A) and relatively recent insertions (pool safety s 13A), increasing interpretive history"],"plain_english_summary":"**What this law does, in practice**\n\n- The Act sets the legal rules for dividing fences (the fences on the boundary between neighbouring parcels of land) and for \"party walls\" (walls shared by buildings on adjacent leased blocks) in the ACT. It creates processes for who must build or repair a fence, how costs are shared, and how disputes are resolved. (See Part 2 and Part 3: sections 2, 4–14, 26A, 27–28.)\n\n- Key procedural mechanics:\n  - If an occupier wants a new fence or a repair and the neighbour refuses or the parties cannot agree, either occupier can apply to the ACT Civil and Administrative Tribunal (ACAT) for a determination—subject to specified notice periods. (New fence: s 4; Repair: s 5.)\n  - For emergency repairs needed without delay (for safety or to stop animals escaping), an occupier may do the repair first and then apply to ACAT for the other party to contribute. (s 6.)\n  - ACAT can decide the fence type, the exact line, who must carry out the work, how much the other party should pay, and the timing and method of payment. (s 10–13.)\n  - Where a party asks for a \"basic fence\", ACAT must not make that person pay more than half the cost of a basic fence (subject to narrow exceptions). (s 10(3)–(4).)\n  - Notices and minimum waiting times are required before applying to ACAT (commonly 30 days after notice; 14 days is the default period to join in once asked). ACAT has power to accept or correct defective notices. (s 4(3), 5(3), 6(4), 9.)\n  - ACAT can give directions allowing entry to land (for erecting/repairing) but only onto land occupied by parties or people in possession from a party. (s 22.)\n\n- Definitions and cost items: the Act defines \"basic rural\" and \"basic urban\" fences (specifying materials and dimensions) and treats surveyor fees and removal costs as part of the cost of erecting a new fence. (s 2, 2C, 2D.)\n\n- Authority-initiated fences: the Territory planning authority can require lessees to erect fences on boundaries between leased and unleased Territory land or between two leased parcels, and recover the cost if lessees do not comply. (s 23–26.)\n\n- Fire damage: if one occupier clears a 6m strip of flammable material from a dividing fence and the neighbour does not, and the fence is then damaged by fire, the non-clearing neighbour must repair or replace the fence (or the clearer may do it and recover the cost). (s 26A.)\n\n- Party walls (buildings): where a building approval shows a party wall on the common boundary between leased parcels, each lessee has rights and obligations to erect, maintain and contribute to the wall; the territory planning authority can determine apportionment if lessees do not agree. Depreciation allowances for gaps in time between works are mandated. (Part 3, s 27–28.)\n\n- Regulation power: Executive may make regulations under the Act. (s 29.)\n\n\nWho this affects\n\n- Private occupiers and lessees of parcels in the ACT, including joint lessees; owners/occupiers of neighbouring non-parcel land where relevant. (Definitions and s 2A–2B, s 8.)\n- The ACT Civil and Administrative Tribunal (ACAT) as the decision-maker for disputes. (s 4–14.)\n- The Territory planning authority when it requires or enforces fences between leased and unleased land or between leased parcels. (s 23–26.)\n- Builders, surveyors and anyone carrying out fence or party-wall works (material and labour costs, survey fees are included in cost). (s 2, 2D.)\n\n\nWhy it matters (claimed purposes and how the law achieves them)\n\n- The Act aims to provide a clear, low-cost dispute resolution route for fence/party-wall disagreements by giving occupiers a tribunal process rather than private litigation. Mechanically, it does this by: setting notice periods before tribunal applications (s 4(3), s 5(3), s 6(4)); defining tribunal powers to set lines, types and cost shares (s 10–13); and permitting ACAT to correct defective notices (s 9).\n\n- It also sets default cost-sharing rules to limit open-ended liability: costs are normally shared equally (s 11(4), s 12(4)), and for a claimant who requests a basic fence ACAT cannot require them to contribute more than half the cost of a basic fence (s 10(3)). Those rules reduce bargaining uncertainty by establishing defaults.\n\n\nPractical trade-offs, incentives and implementation issues\n\n- Who pays: the Act shifts decision and cost-allocation power to ACAT (s 10–13), which reduces the need for parties to negotiate but imposes administrative steps (notice periods, hearing preparation) and may create tribunal delay or costs (time, possibly legal/representation costs). Surveyor fees and removal costs are explicitly recoverable as part of fence costs (s 2C–2D), increasing recoverable amounts.\n\n- Behaviour incentives: the statutory default of equal sharing (unless ACAT decides otherwise) gives occupants an incentive to cooperate early or risk a 50:50 split. Emergency repair rules (s 6) allow immediate action for safety but require later notice and potential recovery action.\n\n- Authority powers and enforcement: the territory planning authority can mandate fences and recover costs if lessees fail to act (s 23–26), which imposes unilateral obligations on lessees and creates a direct enforcement route without ACAT involvement for authority-ordered fences.\n\n- Interaction with building safety rules: ACAT must consider prescribed swimming-pool safety matters when the dividing fence forms part of a pool safety barrier (s 13A), linking this Act to building-safety regulation and potentially increasing fence standards and costs in those cases.\n\n- Compliance and administrative burden: notice requirements (30 days and 14 days), ACAT hearings and potential enforcement by the rules or courts introduce time and administrative burdens for occupiers (s 4, 5, 6, 8, 19). ACAT directions allowing entry to land (s 22) can limit occupiers’ control over access for works.\n\n- Effects on private contracting and market actors: the Act provides default rules that will displace some private contract terms between neighbours (for example, equal cost-sharing defaults and ACAT’s powers to set lines and types of fence). Builders and surveyors are potential beneficiaries commercially because their fees (including surveyor fees) are recoverable under the Act (s 2D), but the Act does not directly privilege particular suppliers.\n\n\nKey references (examples):\n- Definitions and fence standards: s 2, 2C, 2D.\n- When and how to apply to ACAT: s 4–7, s 9, s 14.\n- ACAT powers and cost apportionment: s 10–13, s 13A.\n- Authority powers to require fences: s 23–26.\n- Fire-related repair obligations: s 26A.\n- Party walls and apportionment: s 27–28.\n\nThis summary focuses on the Act's mechanical rules (who decides, who pays, required steps and time limits), and sets out the practical incentives and compliance consequences those rules create for occupiers, lessees, the planning authority and ACAT. It does not assess policy merit beyond those mechanics."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1981 scope as a simple 'Dividing Fences Ordinance'. Key expansions include: (1) Addition of party walls (Part 3) in 1991; (2) Introduction of ACAT jurisdiction in 2008, replacing earlier court-based processes; (3) Addition of fire damage provisions (Division 2.3) relocated from the Bushfire Act in 2004; (4) Swimming pool safety barrier considerations added in 2023; (5) Complex definitions of 'parcel of land' that now include land subleases and exclude public parks/reserves (2001-2015 amendments); (6) Government authority powers over leased/unleased land boundaries (1991). The original simple fence dispute mechanism now encompasses urban/rural distinctions, urgent repairs, unleased land transitions, and integrated building safety requirements."},"complexity_factors":["Multiple defined terms (approx. 15-20 specific to Division 2.1 alone, plus dictionary definitions)","Cross-references to other ACT legislation including the Building Act 2004, Planning Act 2023, Legislation Act 2001, and ACT Civil and Administrative Tribunal Act 2008","Conditional logic with multiple exceptions (e.g., section 10(3) basic fence cap with exceptions in 10(4))","Different procedural requirements for different types of applications (new fence vs repair vs urgent repair vs unleased land)","Time-based calculations (30 days, 14 days, 6 months) that affect rights and obligations","Dual definitions of 'parcel of land' - general definition in dictionary differs from Division 2.1 specific definitions in sections 2A and 2B","Nested conditions in cost-sharing provisions (section 13A for swimming pools, section 26A for fire damage)","Historical legislative baggage: originally a Commonwealth ordinance (1981), converted to ACT law (1989), with multiple amending Acts creating layered amendments"],"plain_english_summary":"This Act governs how neighbours manage fences and shared walls in the ACT, setting out negotiation steps, when urgent repairs can be done, and how disputes go to the ACT Civil and Administrative Tribunal. It applies to property owners and occupiers (including rural, commercial and residential) and to Territory authorities that can require fences. By clarifying cost‑sharing, responsibility after fire, and government‑ordered fencing, it reduces disputes and promotes safety."}},"importantCases":[],"_links":{"self":"/api/acts/common-boundaries-act-1981","history":"/api/acts/common-boundaries-act-1981/history","analysis":"/api/acts/common-boundaries-act-1981/analysis","conflicts":"/api/acts/common-boundaries-act-1981/conflicts","importantCases":"/api/acts/common-boundaries-act-1981/important-cases","documents":"/api/acts/common-boundaries-act-1981/documents"}}