Common Boundaries Act 1981 (ACT)

This Act regulates the erection, repair and cost‑sharing of common fences and party walls on land in the Australian Capital Territory. It establishes procedural pathways for occupiers to seek determinations from the ACT Civil and Administrative Tribunal (ACAT) about new fences (new fence determinations), repairs (repair determinations), emergency repairs and cost recovery (repair cost determinations), and the situation where adjoining land becomes a parcel after fence works begin (unleased land determinations) (see div 2.1 generally; definitions in s 2 and s 2A). The Act prescribes minimum specifications for a “basic fence” in urban and rural contexts (basic urban fence and basic rural fence, s 2), treats surveyor fees and removal costs as part of fence costs (ss 2C-2D), and limits the contribution a respondent can be required to pay toward a basic fence to one half unless impracticable or special circumstances exist (s 10(3)-(4)).

Mechanically, the Act imposes notice and timing rules for tribunal applications: an occupier must give the adjoining occupier a written notice and wait 30 days before applying for a new fence or repair determination (ss 4(3), 5(3)); where immediate repair is required to protect people or prevent animal escape, an occupier may carry out repairs without prior notice but must give a notice and wait 14 days before applying for a repair cost determination (s 6(2)-(4)). The ACAT may determine the nature and line of the fence, which party must erect it, contribution amounts, payment method and timing, and may give directions about entry onto land to carry out the work (ss 10(2), 11(3), 22). For boundaries where the territory planning authority requires a fence, the authority may issue written notices to lessees to erect a fence and, if noncompliance continues after one month, may cause erection at the lessee’s cost and recover that amount (ss 23-26).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Common Boundaries Act 1981 A1981-39 Republication No 23 Effective: 6 December 2025 Republication date: 6 December 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Common Boundaries Act 1981 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 6 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Common Boundaries Act 1981 Contents Page Part 1 Preliminary 1 Name of Act 2 1A Dictionary 2 1B Notes 2 Part 2 Dividing fences Division 2.1 Fences requested by occupiers 2 Definitions for div 2.1 3 2A When land is a parcel of land 4 2B When land is not a parcel of land 5 2C Cost of erecting new fence includes cost of removing existing fence 5 2D Cost of erecting fence includes fee payable to surveyor 5 4 Application to ACAT—new fence determination 6 5 Application to ACAT—repair determination 6

Contents Page contents 2 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Application to ACAT—repair cost determination 7 7 Application to ACAT—unleased land determination 8 8 Parties to applications 9 9 Non-compliant notices 9 10 ACAT powers—new fence determination 10 11 ACAT powers—repair determination 11 12 ACAT powers—repair cost determination 12 13 ACAT powers—unleased land determination 12 13A Matters to be taken into account—dividing fences a safety barrier for regulated swimming pool 13 14 Applications for variation of certain determinations 14 18 Service of documents 14 19 Apportionment of liability of joint lessees 14 21 Div 2.3 not affected 15 22 Directions about entry by people on land 15 Division 2.2 Fences required by authority 23 Boundary between leased and unleased land 16 24 Boundary between 2 parcels of leased land 16 25 Notice under div 2.2 16 26 Noncompliance with notice under div 2.2 16 Division 2.3 Damage by fire to fences 26A Damage by fire to dividing fence 17 Part 3 Party walls 27 Meaning of party wall in pt 3 18 28 Erection of party walls 18 Part 4 Miscellaneous 29 Regulation-making power 20 Dictionary 21 Endnotes 1 About the endnotes 23

Contents Page R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2 Abbreviation key 23 3 Legislation history 24 4 Amendment history 29 5 Earlier republications 35

R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Common Boundaries Act 1981 An Act relating to dividing fences and party walls

Part 1 Preliminary Section 1 page 2 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Common Boundaries Act 1981. 1A Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘party wall, for part 3 (Party walls)—see section 27.’ means that the term ‘party wall’ is defined in that section for part 3. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 1B Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Dividing fences Part 2 Fences requested by occupiers Division 2.1 Section 2 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Dividing fences Division 2.1 Fences requested by occupiers 2 Definitions for div 2.1 In this division: Note A definition applies except so far as the contrary intention appears (see Legislation Act, s 155). basic fence means— (a) for a fence to be erected between parcels of land in the city area—a basic urban fence; or (b) in any other case—a basic rural fence. basic rural fence means a wire fence that is 1.2m in height above finished ground level and has— (a) for intermediate posts—steel line posts spaced at 4m intervals; and (b) for strainer posts—hardwood posts spaced at 40m intervals with hardwood bracing at corners; and (c) 3mm galvanised steel wire at the top, bottom and mid-line of the fence; and (d) 1060mm wide and 40mm mesh size galvanized wire netting. basic urban fence means a timber paling fence, that is 1.5m in height above finished ground level and has— (a) reinforced spade-end precast concrete posts spaced at 2.4m; and (b) a 75mm x 50mm hardwood rail at the top and bottom of the fence that is fixed to the posts; and (c) 100mm x 12mm hardwood palings nailed to the rails.

Part 2 Dividing fences Division 2.1 Fences requested by occupiers Section 2A page 4 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au new fence determination means a determination of the ACAT under section 10. occupier, in relation to a parcel of land, means— (a) for a parcel held under a lease, other than a weekly or fortnightly tenancy, from the Commonwealth—the person by whom the parcel is so held; or (b) for a parcel vested in a person for an estate in fee simple—the person in whom the parcel is so vested; or (c) if neither paragraph (a) nor (b) applies— (i) for Territory land—the Territory; and (ii) for national land—the Commonwealth. registrar means the registrar of the Magistrates Court. repair cost determination means a determination of the ACAT under section 12. repair determination means a determination of the ACAT under section 11. rules means the rules under the ACT Civil and Administrative Tribunal Act 2008. unleased land determination means a determination of the ACAT under section 13. 2A When land is a parcel of land For this division, land is a parcel of land if— (a) the land is held by a person under a lease, other than a weekly or fortnightly tenancy, from the Territory; or (b) the land is held by a person under a land sublease; or

Dividing fences Part 2 Fences requested by occupiers Division 2.1 Section 2B R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the land is a block within the meaning of the Districts Act 2002 on which there is a building other than— (i) a bus shelter; or (ii) a building consisting only of a public toilet. 2B When land is not a parcel of land (1) For this division, land is not a parcel of land if— (a) the land is a public park; or (b) the land is a reserve; or (c) the land is a sports ground. (2) In this section: reserve—see the Nature Conservation Act 2014, section 169. Note Reserves include wilderness areas, national parks, nature reserves, catchment areas and other areas of public land. 2C Cost of erecting new fence includes cost of removing existing fence For this division, if a new fence is to be erected in place of an existing fence, the cost of removing the existing fence is taken to be part of the cost of erecting the new fence. 2D Cost of erecting fence includes fee payable to surveyor For this division, a fee payable to a surveyor to survey the boundary or line along which a fence is to be erected is taken to be included in the cost of erecting the fence or erecting a new fence in place of an existing fence.

Part 2 Dividing fences Division 2.1 Fences requested by occupiers Section 4 page 6 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Application to ACAT—new fence determination (1) This section applies if— (a) adjoining parcels of land are not separated by a fence; and (b) the occupier of 1 of the parcels has asked the occupier of the adjoining parcel to join in erecting a fence between the parcels; and (c) either— (i) the occupier of the adjoining parcel has refused to join in erecting the fence; or (ii) the occupiers of the parcels are unable to agree about a matter relating to the construction of the fence. (2) Either occupier may apply to the ACAT for a new fence determination. (3) However, an occupier must not apply to the ACAT unless— (a) the occupier has given the occupier of the adjoining parcel (the other occupier) a notice asking the other occupier to discuss erecting, and paying for, the fencing of the boundary between the parcels; and (b) 30 days have passed since the day the occupier gave the notice to the other occupier. (4) For subsection (1), an occupier who does not join in erecting a fence within 14 days after the day the occupier is asked to join is taken to have refused to join in erecting the fence. 5 Application to ACAT—repair determination (1) This section applies if— (a) adjoining parcels of land are separated by a fence; and

Dividing fences Part 2 Fences requested by occupiers Division 2.1 Section 6 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the occupier of 1 of the parcels of land has asked the occupier of the adjoining parcel to join in repairing or replacing the fence; and (c) either— (i) the occupier of the adjoining parcel has refused to join in repairing or replacing the fence; or (ii) the occupiers of the parcels of land are unable to agree about a matter relating to the repair or replacement of the fence. (2) Either occupier may apply to the ACAT for a repair determination. (3) However, the occupier of a parcel must not apply to the ACAT unless— (a) the occupier has given the occupier of the adjoining parcel (the other occupier) a notice asking the other occupier to discuss the repair or replacement of the fence between the parcels; and (b) 30 days have passed since the day the occupier gave the notice to the other occupier. (4) For subsection (1), an occupier who does not join in repairing or replacing a fence within 14 days after the day the occupier is asked to join is taken to have refused to join in repairing or replacing the fence. 6 Application to ACAT—repair cost determination (1) This section applies if— (a) a fence between adjoining parcels of land has been damaged or destroyed; and (b) the fence needs to be repaired or replaced without delay to protect people lawfully at premises on 1 of the parcels or to prevent the escape of animals.

Part 2 Dividing fences Division 2.1 Fences requested by occupiers Section 7 page 8 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The occupier of either parcel may, without giving notice to the occupier of the adjoining parcel, repair or replace the fence. (3) The occupier who repairs or replaces a fence under subsection (2) may apply to the ACAT for a repair cost determination. (4) However, the occupier must not apply to the ACAT unless— (a) the occupier has given the occupier of the adjoining parcel (the other occupier) a notice asking the other occupier to discuss contributing to the cost of repairing or replacing the fence; and (b) 14 days have passed since the day the occupier gave the notice to the other occupier. (5) In this section: people lawfully at premises includes a person— (a) living in the premises; or (b) invited to visit the premises by a person living in the premises; or (c) otherwise lawfully entitled to be at the premises. 7 Application to ACAT—unleased land determination (1) This section applies if— (a) the occupier of a parcel of land has begun erecting a fence between the parcel and adjoining land that is not a parcel of land for this division; and (b) after the erecting began, the adjoining land becomes a parcel of land for this division. (2) The occupier may apply to the ACAT for an unleased land determination.

Dividing fences Part 2 Fences requested by occupiers Division 2.1 Section 8 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Parties to applications The parties to an application are— (a) for a new fence determination—the applicant and the person to whom the applicant gives a notice under section 4 (3) (a); and (b) for a repair determination—the applicant and the occupier to whom the applicant gives notice under section 5 (3) (a); and (c) for a repair cost determination—the applicant and the person to whom the applicant gives the notice under section 6 (4) (a); and (d) for an unleased land determination—the applicant and the owner or occupier of the adjoining parcel of land; and (e) for an application to which section 9 applies— (i) the applicant; and (ii) either— (A) the person to whom a document mentioned in section 9 (2) (a), (b) or (c) is given; or (B) the person declared under an order under section 9 (2) (d) to be the respondent to the application. 9 Non-compliant notices (1) An applicant who fails to comply with a notice requirement under section 4 (3), section 5 (3) or section 6 (4) (the relevant provision) may apply to the ACAT for an order under this section. (2) The ACAT may, by order— (a) accept a document given to the respondent as notice under the relevant provision; or (b) correct a defect in a notice given to the respondent; or (c) deal with the application as if the notice given to the respondent complied with the relevant provision; or

Part 2 Dividing fences Division 2.1 Fences requested by occupiers Section 10 page 10 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) if no notice has been given under the relevant provision— declare who the respondent to the application is. (3) If the parties consent, the ACAT may, by order, waive a requirement to— (a) give written notice; or (b) wait a certain period before making an application. 10 ACAT powers—new fence determination (1) This section applies if the ACAT holds a hearing on an application for a new fence determination. (2) The ACAT may determine— (a) the nature of the fence that should be erected between the parcels of land occupied by the parties; and (b) the line where the fence should be erected; and (c) the party who should be responsible for erecting the fence; and (d) the amount that should be contributed by the other party to the cost of erecting the fence; and (e) how, and by when, the amount should be paid to the party responsible for erecting the fence. (3) If a party asks the ACAT to determine that a basic fence is to be erected between the parcels of land to which the application relates, the ACAT must not require the party to contribute more than ½ the cost of erecting a basic fence between the parcels. (4) Subsection (3) does not apply in relation to parcels of land if the ACAT is satisfied that— (a) it is not practicable for a basic fence to be erected between the parcels of land; or

Dividing fences Part 2 Fences requested by occupiers Division 2.1 Section 11 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) there are special circumstances that require a fence, other than a basic fence, to be erected. 11 ACAT powers—repair determination (1) This section applies if the ACAT holds a hearing on an application for a repair determination. (2) The ACAT must determine if the fence to which the application relates is in need of repair or replacement. (3) If the ACAT determines that the fence is in need of repair or replacement, the ACAT may determine— (a) whether the party other than the applicant should be required to contribute to the cost of the repair or replacement of the fence; and (b) the nature of the repair that is required or the nature of the replacement fence that should be erected; and (c) the line where the fence should be erected; and (d) the party who should be responsible for the repair or replacement; and (e) the amount that should be contributed by the other party to the cost of the repair or replacement; and (f) how, and by when, the amount should be paid to the party responsible for the repair or replacement. (4) For the purpose of determining the amount that should be contributed under subsection (3) (e), the ACAT must apply the principle that the cost should be borne by the parties in equal proportions unless there are circumstances that make it just that 1 party bears a greater proportion of the cost than the other party.

Part 2 Dividing fences Division 2.1 Fences requested by occupiers Section 12 page 12 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 ACAT powers—repair cost determination (1) This section applies if the ACAT holds a hearing on an application for a repair cost determination. (2) The ACAT must determine whether it is reasonable for the party other than the applicant to be required to contribute to the cost of the repair or replacement by the applicant. (3) If the ACAT determines that it is reasonable for the party to be required to contribute to the cost of the repair or replacement, the ACAT must also determine— (a) the amount that should be contributed; and (b) how, and by when, the amount should be paid to the applicant. (4) For the purpose of determining the amount that should be contributed under subsection (3) (a), the ACAT must apply the principle that the cost should be borne by the parties in equal proportions unless there are circumstances that make it just that 1 party bears a greater proportion of the cost than the other party. 13 ACAT powers—unleased land determination (1) This section applies if the ACAT holds a hearing on an application for an unleased land determination. (2) The ACAT must determine whether it is reasonable for the party other than the applicant to be required to contribute to the cost of the applicant erecting the fence. (3) If the ACAT determines that it is reasonable for the party to contribute to the cost, the ACAT must also determine— (a) the amount that should be contributed; and (b) how, and by when, the amount should be paid to the applicant.

Dividing fences Part 2 Fences requested by occupiers Division 2.1 Section 13A R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) For subsection (3) (a), the amount must be— (a) if the adjoining land became a parcel of land for this division less than 6 months after the applicant began erecting the fence— the lesser of the following: (i) 1/2 the cost of erecting the fence; (ii) 1/2 of what it would have cost to erect a basic fence; and (b) if the adjoining land became a parcel of land for this division 6 months or more after the applicant began erecting the fence— a reasonable amount that is not more than the lesser of the following: (i) 1/2 the cost of erecting the fence; (ii) 1/2 of what it would have cost to erect a basic fence. 13A Matters to be taken into account—dividing fences a safety barrier for regulated swimming pool (1) This section applies if— (a) the ACAT is required to make a determination under this division; and (b) the determination involves a fence that forms part, or will form part, of a safety barrier for a regulated swimming pool. (2) The ACAT must take into account the matters prescribed by regulation. (3) In this section: regulated swimming pool—see the Building Act 2004, section 83B (1). safety barrier, for a regulated swimming pool—see the Building Act 2004, section 83B (1).

Part 2 Dividing fences Division 2.1 Fences requested by occupiers Section 14 page 14 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14 Applications for variation of certain determinations (1) A person who was a party to an application for a determination under this division (other than under section 13) may apply to the ACAT for a variation of the determination. (2) The parties to the application are the applicant and the other party to the application on which the determination was made. 18 Service of documents (1) A document that is required by this division to be served on the occupier of a parcel of land may be served— (a) if the occupier is the Territory—by sending the notice by post to the director-general; and (b) if the occupier is the Commonwealth—by sending the notice by post to the secretary to the Commonwealth department for the time being responsible for the administration of national land; and (c) in any other case—by sending the document by post addressed to the occupier at the occupier’s address last known to the person sending the document or at the parcel of land. (2) If 2 or more people are the occupiers of a parcel of land, a document that has been served on one of them is taken to have been served on all of them. (3) This section does not limit the operation of any other territory law (including the rules) that authorises or requires service of a document otherwise than as provided under this section. 19 Apportionment of liability of joint lessees (1) In this section: order means— (a) a determination of the ACAT under this division; or

Dividing fences Part 2 Fences requested by occupiers Division 2.1 Section 21 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) an order (however described) under the rules in relation to the enforcement of a determination mentioned in paragraph (a). (2) If 2 or more people occupy a parcel of land as joint tenants, tenants in common or joint lessees and an order requires them to make a payment— (a) they are jointly and severally liable for the payment of the amount payable under the order; and (b) as between themselves, the liability to pay the amount must, in the absence of agreement to the contrary, be borne in equal proportions; and (c) one of them who pays more than his or her proportionate amount may recover the excess as a debt due by the others. 21 Div 2.3 not affected This division does not affect the operation of division 2.3 (Damage by fire to fences). 22 Directions about entry by people on land (1) This section applies if the ACAT makes a determination under this division in relation to erecting, repairing or replacing a fence. (2) The ACAT may give the directions that it considers necessary in relation to the entry of people on land to erect, repair or replace the fence. (3) However, the ACAT must not give directions under this section in relation to the entry of people on land, other than land occupied by— (a) a party to the application; or (b) a sublessee, tenant, licensee or other person in possession from a party to the application.

Part 2 Dividing fences Division 2.2 Fences required by authority Section 23 page 16 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) If a person is given a direction under this section, the person may enter on land to undertake work necessary to erect, repair or replace the fence stated in the direction— (a) at any reasonable time; and (b) in accordance with the direction. Division 2.2 Fences required by authority 23 Boundary between leased and unleased land If there is a common boundary between a parcel of leased Territory land and an area of unleased Territory land, the territory planning authority may, by written notice to the lessee of the parcel of leased land, require the lessee to erect a fence on that boundary or any part of it. 24 Boundary between 2 parcels of leased land If there is a common boundary between 2 parcels of leased Territory land included in different leases, the territory planning authority may, by written notice to each lessee, require them jointly to erect a fence on that boundary or any part of it. 25 Notice under div 2.2 A notice under section 23 or 24 must specify the fence to be erected and the part of the boundary where it is to be erected. 26 Noncompliance with notice under div 2.2 If a fence in compliance with a notice is not erected within 1 month after the date of the notice— (a) the territory planning authority may, at the cost of the lessee, cause the fence to be erected; and

Dividing fences Part 2 Damage by fire to fences Division 2.3 Section 26A R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the lessee must pay to the authority, on demand, the amount fixed by the authority as the cost of erecting the fence or as the proportion payable by the lessee of that cost. Division 2.3 Damage by fire to fences 26A Damage by fire to dividing fence (1) This section applies if— (a) the occupier of land (the clearing occupier) clears the land of flammable materials for the space of 6m from a fence (a dividing fence) dividing the land from the land of another owner or occupier; and (b) the other owner or occupier (the non-clearer) neglects or omits to clear the owner or occupier’s land; and (c) damage from fire happens to the dividing fence because of the neglect or omission. (2) The non-clearer must, at the non-clearer’s expense, arrange for the dividing fence to be repaired or replaced within— (a) 1 month after the day it is damaged; or (b) if the ACAT extends the time to repair or replace the fence—the extended time. (3) If the non-clearer applies for an extension of time to repair or replace the dividing fence, the non-clearer must give the clearing occupier reasonable notice of the application. (4) If the non-clearer refuses or omits to repair or replace the dividing fence within the time required under subsection (2), the clearing occupier may repair or replace the fence. (5) An amount incurred by the clearing occupier repairing or replacing the dividing fence is taken to be an amount owing to the clearing occupier by the non-clearer.

Part 3 Party walls Section 27 page 18 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Party walls 27 Meaning of party wall in pt 3 In this part: party wall— (a) means a wall or structure designed for the common use of 2 or more buildings and erected, or to be erected, on a common boundary, or part of such a boundary, between 2 parcels of land, and extending laterally into each of those parcels of land; and (b) includes any wall that is completely or partly used to support 2 or more buildings, if the wall was erected in connection with a building for which there is a certificate of occupancy under the Building Act 2004. 28 Erection of party walls If, in a building approval under the Building Act 2004 for a building to be erected on land that is leased Territory land, a party wall is shown or provided for on the common boundary, or part of that boundary, between 2 parcels of land that are leased Territory land— (a) the lessee of each parcel of land may, during the term of the lease— (i) erect, maintain and use a party wall in the position shown on the building plan or design; and (ii) use for the support of the building or buildings provided for in, or shown on, the building plan or design and erected on the parcel of land of which he or she is lessee any party wall so erected; and (b) the lessees of the 2 parcels of land may agree about the lessee by whom the party wall is to be erected and in what proportions the cost of erection is to be borne by them; and

Party walls Part 3 Section 28 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) if the lessee of 1 parcel of land (the first lessee) has at the lessee’s expense erected a party wall—the lessee of the other parcel of land must immediately after beginning to erect a building on the other parcel of land pay to the first lessee a proportion of the cost of the erection of the party wall; and (d) in default of agreement between the lessees about the apportionment of the cost of erecting a party wall—the territory planning authority may, at the request of either lessee, determine the cost of erecting the party wall and the proportion of the cost to be borne by each lessee; and (e) if any period has elapsed between the date of the completion of a party wall by the lessee of 1 parcel of land and the date of the beginning of the erection of a building on the other parcel of land—a reasonable allowance must be made for depreciation of the party wall in determining the proportion payable by the other lessee of the cost of erection of the party wall; and (f) the amount agreed on, or determined by the territory planning authority, as payable by 1 lessee to another lessee under this section is a debt due and recoverable by the other lessee in any court of competent jurisdiction.

Part 4 Miscellaneous Section 29 page 20 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Miscellaneous 29 Regulation-making power The Executive may make regulations for this Act.

Dictionary R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 1A) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • director-general (see s 163) • national land • territory land • territory law • territory planning authority. basic fence, for division 2.1 (Fences requested by occupiers)—see section 2. basic rural fence, for division 2.1 (Fences requested by occupiers)— see section 2. basic urban fence, for division 2.1 (Fences requested by occupiers)— see section 2. land sublease—see the Planning Act 2023, dictionary. new fence determination, for division 2.1 (Fences requested by occupiers)—see section 2. occupier, in relation to a parcel of land, for division 2.1 (Fences requested by occupiers)—see section 2. parcel of land— (a) for this Act generally—includes land held under a land sublease; and (b) for division 2.1 (Fences requested by occupiers)—see section 2A and section 2B. party wall, for part 3 (Party walls)—see section 27.

Dictionary page 22 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au registrar, for division 2.1 (Fences requested by occupiers)—see section 2. repair cost determination, for division 2.1 (Fences requested by occupiers)—see section 2. repair determination, for division 2.1 (Fences requested by occupiers)—see section 2. rules, for division 2.1 (Fences requested by occupiers)—see section 2. unleased land determination, for division 2.1 (Fences requested by occupiers)—see section 2.

Endnotes About the endnotes 1 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 24 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This Act was originally a Commonwealth ordinance—the Dividing Fences Ordinance 1981 No 39 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self- government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s 5 on 11 May 1989 (self-government day). The Act was later renamed by the Land (Planning and Environment) Consequential Provisions) Act 1991 A1991-118 (see pt 2 div 5). Before 11 May 1989, ordinances commenced on notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self- Government) Act 1988 (Cwlth) s 25). Commonwealth legislation Common Boundaries Act A1981-39 notified 30 October 1981 (Gaz 1981 No S226) commenced 30 October 1981 as amended by Magistrates Court Ordinance 1985 Ord1985-67 notified 19 December 1985 (Gaz 1985 No S542) commenced 1 February 1986 (Cwlth Gaz 1986 No G3) Magistrates Court (Amendment) Ordinance (No 3) 1986 Ord1986-74 notified 14 November 1986 (Gaz 1986 No S592) commenced 14 November 1986 Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) sch 1 commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164)

Endnotes Legislation history 3 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Legislation after becoming Territory enactment Magistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44 sch 1 notified 20 September 1991 (Gaz 1991 No S95) s 1, s 2 commenced 20 September 1991 (s 2 (1)) sch 1 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103) Land (Planning and Environment) (Consequential Provisions) Act 1991 A1991-118 pt 2 div 5, sch 1 pt 5 notified 15 January 1992 (Gaz 1992 No S3) s 1, s 2 commenced 15 January 1992 (s 2 (1)) pt 2 div 5, sch 1 pt 5 commenced 2 April 1992 (s 2 (2) and Gaz 1992 No 13) Statute Law Revision (Miscellaneous Provisions) Act 1993 A1993-1 sch 1 notified 1 March 1993 (Gaz 1993 No S23) commenced 1 March 1993 Bushfire (Amendment) Act 1993 A1993-74 sch 2 notified 22 October 1993 (Gaz 1993 No S215) commenced 22 October 1993 (s 2) Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994-38 sch 1 pt 18 notified 30 June 1994 (Gaz 1994 No S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) sch 1 pt 18 commenced 1 July (s 2 (2) and Gaz 1994 No S142) Land (Planning and Environment) (Amendment) Act 1997 A1997-7 s 10 notified 22 April 1997 (Gaz 1997 No S92) ss 1-3 commenced 22 April 1997 (s 2 (1)) s 10 commenced 24 June 1997 (s 2 (2)) Magistrates Court (Civil Jurisdiction) (Amendment) Act 1997 A1997-94 sch 3 notified 1 December 1997 (Gaz 1997 No S380) ss 1-3 commenced 1 December 1997 (s 2 (1)) sch 3 commenced 25 May 1998 (s 2 (2) and Gaz 1998 No S140)

Endnotes 3 Legislation history page 26 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Building (Amendment) Act (No 2) 1998 A1998-52 sch pt 1 notified 16 November 1998 (Gaz 1998 No S205) ss 1-3 commenced 16 November 1998 (s 2 (1)) sch pt 1 commenced 4 January 1999 (s 2 (2) and Gaz 1999 No S1) Utilities (Consequential Provisions) Act 2000 A2000-66 sch 1 pt 2 notified 20 December 2000 (Gaz 2000 No S68) s 1, s 2 commenced 20 December 2000 (IA s 10B) sch 1 pt 2 commences 1 January 2001 (s 2 (1) and Gaz 2000 No S69) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 68 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 68 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2001 (No 2) A2001-56 pt 3.8 notified 5 September 2001 (Gaz 2001 No S65) s 1, s 2 commenced 5 September 2001 (IA s 10B) amdt 3.11 commenced 12 September 2001 (s 2 (2)) pt 3.8 remainder commenced 5 September 2001 (s 2 (1)) Districts Act 2002 A2002-39 pt 1.2 notified LR 10 October 2002 s 1, s 2 commenced 10 October 2002 (LA s 75 (1)) pt 1.2 commenced 11 October 2002 (s 2) Planning and Land (Consequential Amendments) Act 2002 A2002-56 sch 3 pt 3.2 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) sch 3 pt 3.2 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2) Construction Occupations Legislation Amendment Act 2004 A2004-13 sch 2 pt 2.5 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.5 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)

Endnotes Legislation history 3 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Emergencies Act 2004 A2004-28 sch 3 pt 3.4 notified LR 29 June 2004 s 1, s 2 commenced 29 June 2004 (LA s 75 (1)) sch 3 pt 3.4 commenced 1 July 2004 (s 2 (1) and CN2004-11) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.10 notified LR 2 September 2004 s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.10 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.21 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.21 commenced 12 April 2007 (s 2 (1)) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.22 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.22 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.16 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.16 commenced 22 September 2009 (s 2) Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.9 notified LR 22 February 2011 s 1, s 2 commenced 22 February 2011 (LA s 75 (1)) sch 3 pt 3.9 commenced 1 March 2011 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.31 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.31 commenced 1 July 2011 (s 2 (1))

Endnotes 3 Legislation history page 28 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Nature Conservation Act 2014 A2014-59 sch 2 pt 2.2 notified LR 11 December 2014 s 1, s 2 commenced 11 December 2014 (LA s 75 (1)) sch 2 pt 2.2 commenced 11 June 2015 (s 2 (1) and LA s 79) Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 A2015-19 pt 4 notified LR 11 June 2015 s 1, s 2 commenced 11 June 2015 (LA s 75 (1)) pt 4 commenced 1 July 2015 (s 2 and CN2015-9) Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 pt 3 notified LR 17 May 2017 s 1, s 2 commenced 17 May 2017 (LA s 75 (1)) pt 3 commenced 24 May 2017 (s 2 (1)) Courts and Other Justice Legislation Amendment Act 2021 A2021-13 pt 3 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) pt 3 commenced 16 June 2021 (s 2 (3)) Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.14 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) sch 1 pt 1.14 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10) Building (Swimming Pool Safety) Legislation Amendment Act 2023 A2023-46 pt 6 notified LR 15 November 2023 s 1, s 2 commenced 15 November 2023 (LA s 75 (1)) pt 6 commenced 1 May 2024 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.35 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.35 commenced 6 December 2025 (s 2 (5))

Endnotes Amendment history 4 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Long title long title am A1991-118 Preliminary pt 1 hdg ins A1991-118 Name of Act s 1 sub A1991-118 Dictionary s 1A ins A2007-3 amdt 3.104 Notes s 1B ins A2007-3 amdt 3.104 Dividing fences pt 2 hdg ins A1991-118 Fences requested by occupier div 2.1 hdg (prev pt 2 div 1 hdg) ins A1991-118 renum R5 LA Definitions for div 2.1 s 2 am Ord1985-67; Ord1989-38 sch 1; A1998-52 sch pt 1; A2000-66 sch 1 pt 2; A2001-44 amdt 1.771; A2001-56 amdt 3.11, amdt 3.12 def basic rural fence sub A2004-13 amdt 2.16 def basic urban fence sub A2004-13 amdt 2.16 def city area ins A1991-118 sch 1 pt 5 om R8 LA def conference ins A1997-94 sch 3 om A2004-60 amdt 1.41 def conference notice ins A1997-94 sch 3 sub A2001-44 amdt 1.769; A2004-60 amdt 1.42 om A2009-20 amdt 3.38 def court am A1997-94 sch 3 om A2007-3 amdt 3.105 def inquiry ins A1997-94 sch 3 sub A2007-3 amdt 3.106 om A2009-20 amdt 3.38 def inquiry notice ins A1997-94 sch 3 sub A2001-44 amdt 1.770; A2004-60 amdt 1.43 om A2009-20 amdt 3.38 def new fence determination ins A2008-37 amdt 1.81 def occupier am Ord1989-38 sch 1 def registrar ins A1997-94 sch 3 def repair cost determination ins A2008-37 amdt 1.81 def repair determination ins A2008-37 amdt 1.81

Endnotes 4 Amendment history page 30 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def rules ins A2004-60 amdt 1.44 sub A2009-20 amdt 3.39 def unleased land determination ins A2008-37 amdt 1.81 When land is a parcel of land s 2A ins A2001-56 amdt 3.12 am A2002-39 amdt 1.2; A2015-19 s 9; pars renum R18 LA When land is not a parcel of land s 2B ins A2001-56 amdt 3.12 am A2014-59 amdt 2.6, amdt 2.7 Cost of erecting new fence includes cost of removing existing fence s 2C ins A2001-56 amdt 3.12 Cost of erecting fence includes fee payable to surveyor s 2D ins A2001-56 amdt 3.12 Dividing Fences Act (NSW) to cease to be in force s 3 om A2001-44 amdt 1.772 Application to ACAT—new fence determination s 4 am A1991-44; A1991-118; A1997-94; ss renum R5 LA; A2004-60 amdts 1.45-1.48; ss renum R11 LA (see A2004-60 amdt 1.49) sub A2008-37 amdt 1.82 am A2021-13 s 19; A2025-29 amdt 4.35 Application to ACAT—repair determination s 5 am A1997-94; ss renum R5 LA; A2004-60 amdt 1.50 sub A2008-37 amdt 1.82 am A2021-13 s 19; A2025-29 amdt 4.35 Application to ACAT—repair cost determination s 6 am A1991-44; A1997-94; A2004-60 amdts 1.51-1.55; ss renum R11 LA (see A2004-60 amdt 1.56) sub A2008-37 amdt 1.82 am A2017-14 s 9, s 10; A2021-13 s 20; A2025-29 amdt 4.35 Application to ACAT—unleased land determination s 7 am A1997-94; ss renum R5 LA; A2004-60 amdt 1.57 sub A2008-37 amdt 1.82 am A2025-29 amdt 4.35; ss renum R23 LA Parties to applications s 8 am A1991-44; A1997-94; ss renum R5 LA; A2004-60 amdts 1.58-1.61; ss renum R11 LA (see A2004-60 amdt 1.62) sub A2008-37 amdt 1.82 am A2021-13 s 21

Endnotes Amendment history 4 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Non-compliant notices s 9 hdg sub A2004-60 amdt 1.63 s 9 am Ord1985-67; Ord1986-74; A1991-118; A1997-94; A2004-60 amdt 1.64, amdt 1.65 reloc to Magistrates Court (Civil Jurisdiction) Rules 2004 pt 18 as s 257A by A2004-60 amdt 1.66 ins A2008-37 amdt 1.82 sub A2021-13 s 22 ACAT powers—new fence determination s 10 am Ord1985-67; Ord1986-74; A1991-118 om A1997-94 ins A2008-37 amdt 1.82 ACAT powers—repair determination s 11 am Ord1989-38; A1991-44; A1991-118; A1997-94; A2004-60 amdts 1.67-1.69; ss renum R11 LA (see A2004-60 amdt 1.70) sub A2008-37 amdt 1.82 am A2021-13 s 23; pars renum R20 LA ACAT powers—repair cost determination s 12 am A1997-94; ss renum R5 LA; A2004-60 amdt 1.71 sub A2008-37 amdt 1.82 ACAT powers—unleased land determination s 13 am A1991-118 om A1997-94 ins A2008-37 amdt 1.82 Matters to be taken into account—dividing fences a safety barrier for regulated swimming pool s 13A ins A2023-46 s 30 Applications for variation of certain determinations s 14 am A1991-118 om A1997-94 ins A2008-37 amdt 1.82 am A2025-29 amdt 4.35 Dealing with variations s 15 am A1991-118; A2007-3 amdt 3.107 sub A2008-37 amdt 1.82 om A2021-13 s 24 Court not bound by rules of evidence s 16 am A1991-118 om A1997-94

Endnotes 4 Amendment history page 32 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Adjournment of inquiries s 17 am A1991-118 om A1997-94 Service of documents s 18 am Ord1989-38; A1991-118; A1994-38; A1997-94; pars renum R5 LA; A2004-60 amdt 1.72; A2011-3 amdts 3.103-3.105; A2011-22 amdt 1.97 Apportionment of liability of joint lessees s 19 am A1997-94; A2004-60 amdt 1.73; A2008-37 amdt 1.83; A2011-3 amdt 3.106 Ex parte orders may be set aside s 20 om A1997-94 Div 2.3 not affected s 21 am A1991-118; A1993-74; A1997-7 sub A2004-28 amdt 3.7 Directions about entry by people on land s 22 am A1991-118 sub A2008-37 amdt 1.84 Fences required by authority div 2.2 hdg (prev pt 2 div 2 hdg) ins A1991-118 renum R5 LA sub A2002-56 amdt 3.17 Boundary between leased and unleased land s 23 ins A1991-118 am A2002-56 amdt 3.19; A2023-36 amdt 1.85 Boundary between 2 parcels of leased land s 24 ins A1991-118 am A2002-56 amdt 3.19; A2023-36 amdt 1.85 Notice under div 2.2 s 25 ins A1991-118 am A2011-3 amdt 3.107 Noncompliance with notice under div 2.2 s 26 ins A1991-118 am A2002-56 amdt 3.18, amdt 3.19; A2011-3 amdt 3.107; A2023-36 amdt 1.85 Damage by fire to fences div 2.3 hdg ins A2004-28 amdt 3.8 Damage by fire to dividing fence s 26A reloc from Bushfire Act 1936 s 11 by A2004-28 amdt 3.6 sub A2008-37 amdt 1.85

Endnotes Amendment history 4 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Party walls pt 3 hdg ins A1991-118 Meaning pf party wall in pt 3 s 27 ins A1991-118 am A2004-13 amdt 2.17 Erection of party walls s 28 ins A1991-118 am A2002-56 amdt 3.19; A2004-13 amdt 2.18; A2011-3 amdts 3.108-3.112; A2023-36 amdt 1.85 Miscellaneous pt 4 hdg ins A2001-44 amdt 1.773 om A2004-60 amdt 1.74 ins A2023-46 s 31 Regulation-making power s 29 ins A2001-44 amdt 1.773 (6)-(9) exp 12 September 2002 (s 29 (9)) om A2004-60 amdt 1.74 ins A2023-46 s 31 Schedule sch am Ord1985-67; A1991-44; A1993-1; A1997-94 om A2001-44 amdt 1.774 Dictionary dict ins A2007-3 amdt 3.108 am A2008-37 amdt 1.86, amdt 1.87; A2011-3 amdt 3.113; A2011-22 amdt 1.98; A2023-36 amdt 1.86 def basic fence ins A2007-3 amdt 3.108 def basic rural fence ins A2007-3 amdt 3.108 def basic urban fence ins A2007-3 amdt 3.108 def conference notice ins A2007-3 amdt 3.108 om A2009-20 amdt 3.40 def inquiry ins A2007-3 amdt 3.108 om A2009-20 amdt 3.40 def inquiry notice ins A2007-3 amdt 3.108 om A2009-20 amdt 3.40 def land sublease ins A2015-19 s 10 sub A2023-36 amdt 1.87 def new fence determination ins A2008-37 amdt 1.88 def occupier ins A2007-3 amdt 3.108 def parcel of land ins A2007-3 amdt 3.108 sub A2015-19 s 11 def party wall ins A2007-3 amdt 3.108 def registrar ins A2007-3 amdt 3.108 def repair cost determination ins A2008-37 amdt 1.88

Endnotes 4 Amendment history page 34 Common Boundaries Act 1981 Effective: 06/12/25 R23 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def repair determination ins A2008-37 amdt 1.88 def rules ins A2007-3 amdt 3.108 def unleased land determination ins A2008-37 amdt 1.88

Endnotes Earlier republications 5 R23 06/12/25 Common Boundaries Act 1981 Effective: 06/12/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk () in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1991-44 30 September 1991 2 A1993-1 1 March 1993 3 A1994-38 31 January 1995 4 A1997-94 1 June 1998 5 A2001-56 18 January 2002 6 A2001-56 13 September 2002 7 A2002-39 11 October 2002 8 A2002-56 1 July 2003 9 A2004-28 1 July 2004 10 A2004-28 1 September 2004 11 A2004-60 10 January 2005 12 A2007-3 12 April 2007 13 A2008-37 2 February 2009 14* A2009-20 22 September 2009 15 A2011-3 1 March 2011 16 A2011-22 1 July 2011 17 A2014-59 11 June 2015 18 A2015-19 1 July 2015 19 A2017-14 24 May 2017 20 A2021-13 16 June 2021 21 A2023-36 27 November 2023 22 A2023-46 1 May 2024

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au © Australian Capital Territory 2025

The statute organises the topic into three substantive clusters: fences requested by occupiers (div 2.1), fences required by authority (div 2.2), and damage by fire (div 2.3), plus a separate part for party walls (pt 3). The Act relies on a set of recurring concepts: “occupier”, “parcel of land”, “basic fence” (with urban and rural specifications), and several tribunal determinations (new fence, repair, repair cost and unleased land determinations) (see s 2, s 2A, s 2C-2D, and the dictionary).

Definitions determine who can act and what land is in scope. For the division dealing with occupier‑requested fences, “occupier” is defined by reference to leasehold and fee simple holdings and, where neither applies, the Territory or Commonwealth (s 2). “Parcel of land” for div 2.1 is a defined class: land held under a Territory lease (except weekly/fortnightly tenancies), a land sublease, or a block under the Districts Act 2002 on which there is a building other than a bus shelter or a stand‑alone public toilet (s 2A). Land specifically excluded from being a parcel in this division includes public parks, reserves and sports grounds (s 2B). These definitions matter because they control who may apply to ACAT under div 2.1 and when the authority can be required to act.

Cost composition is explicitly controlled. The Act treats the cost of erecting a new fence as including the cost of removing an existing fence (s 2C) and includes surveyor fees for boundary surveys as part of erecting cost (s 2D). That affects the baseline figure ACAT will apportion.

Procedure and timelines are central. For new fences and repairs, the applicant must serve a written notice asking the adjoining occupier to discuss erecting or repairing the fence, wait 30 days, and only then apply to ACAT (ss 4(3), 5(3)). An occupier who does not join within 14 days of being asked is treated as having refused, providing a trigger for application (ss 4(4), 5(4)). For urgent repairs, an occupier may repair without prior notice where necessary to protect people or prevent escape of animals, but must still give notice and wait 14 days before seeking a repair cost determination (s 6(2)-(4)).

Tribunal powers are broad and functional. On new fence determinations the ACAT may fix the nature and line of the fence, the party responsible for erection, contribution amounts and payment timing; there is a statutory cap that, if a party requests a basic fence, the other party cannot be required to contribute more than one half of the basic fence cost unless impracticability or special circumstances are found (s 10(2)-(4)). On repair determinations, the ACAT must first determine whether repair or replacement is needed and then may allocate responsibility and apportion costs; for apportionment the default principle is equal sharing unless circumstances justify a different split (s 11(2)-(4)). These apportionment rules also appear in repair cost determinations and unleased land determinations (ss 12-13).

Special technical contexts are acknowledged. If an ACAT determination involves a fence forming part of a regulated swimming pool safety barrier, the tribunal must take into account matters prescribed by regulation (s 13A), tying the fence rules to building and pool safety laws. For party walls, the Act links to building approval processes under the Building Act 2004 and to certificates of occupancy, and provides the territory planning authority a role in resolving cost apportionment disputes and in allowing depreciation deductions if erection of the second building occurs later (s 27-28).

Finally, enforcement and recovery are implemented through tribunal orders, statutory powers to cause works and recover costs (div 2.2, s 26), debt recovery in courts for party wall contributions (s 28(f)), and the wider enforcement machinery under the rules relating to ACAT and courts (s 19 definition of “order” and s 18(3) on service not being limited by other law). The Act therefore couples dispute resolution via ACAT with administrative enforcement options available to the territory planning authority.

Primary actors identified by the Act are occupiers of parcels of land, lessees of Territory land, owners or occupiers of adjoining parcels, the Territory and the Commonwealth in certain circumstances, the territory planning authority, ACAT, and contractors or surveyors engaged to erect or repair fences (see s 2, s 2A, s 2B, ss 23-24, s 2D). The Act also affects joint lessees, tenants, licensees, sublessees and other persons in possession from a party to an application, because ACAT can direct entry for works but only onto land occupied by a party or a person in lawful possession from a party (s 22(3)).

Occupiers and lessees: The occupiers of adjacent parcels are the primary decision makers and cost bearers under div 2.1. Either occupier may initiate ACAT proceedings for new fence, repair or repair cost determinations, subject to the notice and waiting requirements (ss 4-7). If two or more persons occupy a parcel (joint tenants, tenants in common or joint lessees), they are jointly and severally liable for any payment ordered under an ACAT order, and between themselves they bear liability in equal proportions unless they agree otherwise; any one who pays more than their share may recover the excess as a debt (s 19).

Territory and Commonwealth: Where land is not held by a private occupier, the statute treats the Territory (for Territory land) or the Commonwealth (for national land) as the occupier for the purposes of div 2.1 (s 2A(1)(c)). That produces specific service pathways: notices to the Territory are to be sent to the director‑general, and notices to the Commonwealth to the relevant department secretary (s 18(1)(a)-(b)).

Territory planning authority: The authority may require fences on boundaries between leased and unleased Territory land or between two parcels in different leases by written notice to lessees and may, if lessees do not comply within one month, cause the fence to be erected and recover the cost from lessees (ss 23-26). The authority may also determine apportionment of party wall costs where lessees fail to agree (s 28(d)).

ACAT and court system: ACAT is the primary dispute resolution forum for those covered by div 2.1 (ss 4-13; definitions in s 2). ACAT may make determinations, vary certain determinations (s 14), and give directions about entry to carry out works (s 22). Party wall amounts determined or agreed are debts recoverable in a court of competent jurisdiction (s 28(f)), so courts are involved at the enforcement stage.

Contractors, surveyors and builders: The Act recognises surveyor fees as part of the cost of erecting a fence (s 2D) and specifies minimum construction standards for basic fences (s 2: basic urban and basic rural fence specifications). Contractors performing works will be subject to directions about entry under s 22 and the practical effects of ACAT determinations or territory planning authority notices.

Special‑category people and contexts: People lawfully at premises (inclusive of residents, invited visitors and other lawfully entitled persons) are the named protected class for the “without delay” repair rule where immediate works are permitted to protect them (s 6(5)). The Act also identifies the Territory planning authority and gives the Executive power to make regulations (s 29), and cross‑references to building regulation for swimming‑pool safety barriers (s 13A referencing Building Act 2004).

Excluded interests and land: The definition of “parcel of land” for div 2.1 expressly excludes public parks, reserves and sports grounds (s 2B). This exclusion shapes who can initiate processes under div 2.1 and therefore which occupiers are affected by the ACAT pathway.

Collectively, the Act assigns rights and duties across private occupants, public authorities and judicial/administrative institutions. The immediate practical effects allocate cost risk, procedural burdens and entry rights between neighbours, lessees and the territory.

Statutory duties: The Act creates notice and conduct duties for occupiers who intend to seek a tribunal determination. For new fence and repair determinations, the applicant must give the adjoining occupier written notice asking them to discuss erecting or repairing the fence and wait 30 days before applying to ACAT (ss 4(3), 5(3)). An occupier who does not join in erection or repair within 14 days of being asked is treated as having refused, which is a statutory trigger allowing the other occupier to apply to ACAT (ss 4(4), 5(4)). For emergency repairs necessary to protect people lawfully at the premises or prevent animal escape, an occupier may repair or replace the fence without prior notice (s 6(2)), but must give the other occupier notice and wait 14 days before applying to ACAT for a repair cost determination (s 6(3)-(4)).

Duties on public lessees: Where the territory planning authority issues a written notice requiring a lessee to erect a fence on a boundary, the lessee must comply within one month or risk the authority carrying out the work and recovering the cost (ss 23-26). The notice must specify the fence and part of the boundary to which it applies (s 25).

Fire‑clearance duties: Where a “clearing occupier” removes flammable material for 6 metres from a dividing fence and the “non‑clearer” neglects to do so, the non‑clearer must repair or replace a dividing fence damaged by fire within one month or the clearing occupier may do so and recover the cost (s 26A(1)-(5)). If the non‑clearer seeks an extension of time to repair, they must give reasonable notice of the application to the clearing occupier (s 26A(3)).

Tribunal duties and powers: ACAT is required to determine whether a fence requires repair or replacement when hearing a repair application (s 11(2)) and to apply the equal sharing principle for apportionment unless circumstances make it just for a different split (s 11(4); see also ss 12(2)-(4) and 13(2)-(4) for repair cost and unleased land determinations respectively). For new fences, if an applicant asks for a basic fence, ACAT must not require the other party to contribute more than one half the cost of erecting a basic fence unless it finds impracticability or special circumstances (s 10(3)-(4)). ACAT may also determine the fence line, nature of works, responsible party, contribution amounts, and payment terms (s 10(2)) and may give directions about entry to undertake the work (s 22).

Rights to act without prior agreement: The Act gives an occupier a legal right to act without prior consent in narrow circumstances: urgent repairs that protect people or prevent animal escape may be undertaken immediately by either occupier, with the right to later apply to ACAT for cost recovery subject to 14‑day notice (s 6(1)-(4)). Similarly, where a lessee erects a party wall at their expense and the lessee of the adjoining parcel subsequently begins building, that other lessee must immediately pay their agreed or apportioned share (s 28(c)). Where no agreement exists, the territory planning authority may determine apportionment (s 28(d)).

Rights to seek variation and remedies for defective procedure: Parties to determinations (other than under s 13) may apply to ACAT for variation of a determination (s 14). If an applicant failed to comply with notice requirements, ACAT may accept, correct or treat a deficient notice as compliant, or declare the respondent where no notice was given, thereby creating remedial power for procedural non‑compliance (s 9).

Service, recovery and enforcement rights: Service routes are prescribed when parties are public entities (s 18(1)(a)-(b)) and a document served on one of multiple occupiers is taken to be served on all (s 18(2)). Amounts agreed or determined as payable under the Act, including party wall contributions, are debts recoverable in court (s 28(f)), and if a territory planning authority causes a fence to be erected after lessee noncompliance it may demand payment for the costs fixed by the authority (s 26).

Regulatory cross‑linkages: Where a fence forms part of a regulated swimming pool barrier, ACAT must take into account matters prescribed by regulation (s 13A), effectively integrating building regulation standards into tribunal determinations.

Default principles and exceptions: The Act embeds a default equal‑sharing principle for apportionment (ss 11(4), 12(4)) and an explicit cap on contribution to a basic fence (s 10(3)). Both are subject to exceptions where the ACAT finds different circumstances, impracticability, or special reasons to depart from the defaults (ss 10(4), 11(4), 12(4)).

Together, these duties and rights organise conduct and risk among neighbours, lessees and public authorities. The Act gives a structured, tribunal‑centred path for resolving disputes and allocating costs, but preserves administrative options for the territory planning authority and recovery through courts where necessary.

The Act does not specify a wide suite of criminal penalties within its operative text; instead it relies on administrative enforcement, ACAT determinations and ordinary civil remedies. The republication prefatory material states the monetary value of a penalty unit at the republication date: $160 for an individual and $810 for a corporation, for any offence against this law (prefatory “Penalties” note). The Act itself, however, implements enforcement primarily through orders, cost recovery mechanisms, and civil debt recovery.

ACAT orders and enforcement: Determinations made by ACAT under div 2.1 and other parts form “orders” for the purposes of enforcement (see s 19(1) definition of order as a determination of ACAT under this division or an order under the rules in relation to enforcement). The rules and the ACAT Act will therefore provide the procedural means to enforce tribunal determinations. Section 14 provides for variation applications, and section 9 allows ACAT to cure procedural defects in notice requirements, both of which affect enforceability.

Recovery by authority after noncompliance: If a territory planning authority issues a written notice requiring a lessee to erect a fence (ss 23-24) and the fence is not erected within one month after the date of the notice, the authority may cause the fence to be erected at the lessee’s cost and demand payment for the amount fixed by the authority as the cost or the lessee’s proportionable share (s 26). That power is an administrative enforcement tool that moves the cost and ultimately the collection risk onto the lessee, enforceable by demand from the authority.

Debt recovery in courts: Monetary amounts agreed or determined in respect of party walls are stated to be debts due and recoverable in any court of competent jurisdiction (s 28(f)). Likewise, s 19(2)(c) treats excess payments by a joint lessee recoverable as a debt due by the others. These civil remedies operate in the ordinary court system and may involve writs, judgments and related enforcement, subject to the rules and practice of the courts.

Entry directions and compliance work: ACAT may give directions necessary for the entry of people on land to erect, repair or replace a fence (s 22(2)), and if a person is given such a direction they may enter at reasonable times and in accordance with the direction (s 22(4)). This power can be operationalised by contractors and agents but is bounded by s 22(3), which restricts entry to land occupied by a party to the application or a person in lawful possession from a party.

Remedial provisions for procedural non‑compliance: Section 9 enables ACAT to accept or correct defective notices, treat an application as if the notice had complied, or declare the respondent when no notice was given. That preserves access to tribunal remedies despite some procedural lapses, although the ACAT’s remedial discretion could be a point of contention in enforcement.

Special enforcement in fire‑damage cases: If a non‑clearer fails to repair a dividing fence damaged by fire within the statutory period after a clearing occupier has acted to clear flammable material, the clearing occupier may carry out the repairs and the cost becomes an amount owing by the non‑clearer (s 26A(2)-(5)). That provision converts repair costs into a civil debt under the Act.

Practical enforcement risk and cost allocation: The Act relies largely on administrative direction and civil enforcement rather than on criminal sanctions. Its enforcement mechanisms therefore place an onus on winning determinations and then pursuing civil recovery or relying on administrative bodies to act and demand payment (ss 10-13, 26, 28(f)). The initial cost of litigation or tribunal proceedings, plus the timeframes for compliance and recovery, will affect the effective enforceability of orders in practice.

Overall, the Act implements enforcement through a blend of tribunal determinations, administrative actions by the territory planning authority and ordinary civil debt recovery. The only directly stated penalty metric in the republication materials is the penalty unit value used for any offences against the law as at that date.

The Act intentionally cross‑references and dovetails with other Territory and Commonwealth instruments. The dictionary and notes direct users to the Legislation Act for interpretive rules (s 1A and dictionary note), to the Building Act 2004 for definitions around regulated swimming pools and certificates of occupancy (s 27 and s 13A), and to the Planning Act 2023 for “land sublease” (dictionary). These cross‑references integrate fence and party wall rules with building approval, planning and land tenure regimes.

ACAT and procedural law: The Act uses ACAT as the adjudicative body for the owner/occupier dispute pathways and explicitly references “rules” under the ACT Civil and Administrative Tribunal Act 2008 as part of the procedural regime (s 2 definition of rules). Section 9(3) also allows ACAT, with party consent, to waive written notice or waiting periods, which interacts with ACAT’s own procedural rules.

Building Act links and pool‑safety: Section 13A requires ACAT, when determining matters involving fences that form part of regulated swimming pool safety barriers, to take into account matters prescribed by regulation, and it references the Building Act 2004, s 83B(1) for definitions of “regulated swimming pool” and “safety barrier.” That links fence determinations to the building code and pool‑safety regulation. Building approvals and certificates of occupancy under the Building Act are explicitly used as the evidentiary foundation for party wall entitlements in pt 3 (s 27(b)).

Planning and land law: The Act treats parcels of land according to tenure defined by other statutes, referencing the Districts Act 2002 definition for blocks and the Planning Act 2023 for land subleases (s 2A; dictionary). The territory planning authority’s powers in ss 23-24 to require fences on certain leases sit within the broader planning and land administration framework; the authority’s power to fix costs and cause works to be done where lessees do not comply creates an administrative enforcement pathway that interacts with land tenure and lease obligations.

Statute law and definitions: The Legislation Act 2001 supplies definitions and rules of construction, with the Act expressly noting the dictionary at the end forms part of the Act (s 1A) and that a definition applies unless a contrary intention appears (s 2 note). The republished law’s endnotes and amendment history show repeated amendments aligning terminology and cross references with other Acts.

Court and magistrates’ court procedural interaction: Section 19(1)(a) defines “order” to include an order under the rules in relation to enforcement of a determination; s 28(f) makes amounts payable under party wall provisions recoverable in any court of competent jurisdiction. Historically, the Act has been amended alongside Magistrates Court and court procedure legislation (see legislation history), which suggests practical enforcement may flow from tribunal determinations into court judgment enforcement mechanisms.

Bushfire and emergency laws: Section 26A was relocated from a prior Bushfire Act provision and now sits in this Act as the vehicle for dividing fence responsibilities following fire damage. The provision therefore imports a bushfire prevention and mitigation regime as it applies to fence damage and recovery between neighbours.

Regulations and executive power: The Executive may make regulations for this Act (s 29). The Act also uses regulation to prescribe matters ACAT must take into account for pool safety barriers (s 13A(2)). The broad regulation‑making power leaves room for administrative alignment with building, pool safety and planning laws.

In sum, the Act is designed to operate as a focused instrument within a network of planning, building, tribunal and land tenure legislation. Parties seeking to apply the Act will commonly need to consider building approvals and certificates (Building Act), land tenure and sublease forms (Planning Act), and ACAT procedural rules. The Act expressly preserves the operation of rules and other Territory laws addressing service and procedure (s 18(3)), so users must navigate multiple statutory regimes when litigating fence and party wall disputes.

The republication endnotes set out a detailed amendment history. The statute began life as a Commonwealth ordinance, the Dividing Fences Ordinance 1981 No 39, notified 30 October 1981 and commenced the same day. It was converted into an ACT enactment on 11 May 1989 under the Australian Capital Territory (Self‑Government) Act 1988 conversion provisions and subsequently retitled to an Act (legislation history). Numerous amendments have followed, reflecting administrative, procedural and substantive changes.

Notable structural and procedural amendments: Several rounds of amendments integrated the Act with new court and tribunal structures. For example, amendments in the late 1990s and 2000s reflect changes to magistrates court civil jurisdiction and the later creation and operationalisation of ACAT. The definition of ACAT‑related terms and the insertion of tribunal determination types (new fence, repair, repair cost, unleased land determinations) were made when the tribunal architecture was modernised (see amendment annotations relating to A2008‑37).

Substantive changes: The Act’s dictionary and definitions were expanded and clarified over time. The concept of a “basic fence” with detailed urban and rural technical specifications was introduced or refined (see amendments A2004‑13 and the later dictionary insertions A2007‑3). The Act’s treatment of surveyor fees and removal costs as part of the cost of erecting a fence was inserted (s 2C-2D, A2001‑56). The fire damage provision (s 26A) was relocated from the Bushfire Act 1936 and reinserted into the Act by A2004‑28, reflecting a policy consolidation around dividing fences and fire.

Recent policy additions and safety alignment: In 2023 the Act was amended by the Building (Swimming Pool Safety) Legislation Amendment Act 2023 (A2023‑46) to add s 13A, requiring ACAT to take into account prescribed matters where a fence forms part of a regulated swimming pool safety barrier (ins A2023‑46 s 30; see legislation history and amendment history entries). That amendment connects fence determinations to pool safety regulatory standards.

Latest republication and amendments: The current republication notes an amendment A2025‑29, with sch 4 pt 4.35 commencing 6 December 2025. Multiple other amendments across two decades reflect administrative realignments (e.g. references to the Planning Act 2023, Building Act changes, integration with ACAT and magistrates court reforms, and structural rewording). The endnotes (amendment history) provide a granular list of insertions, substitutions and repeals showing how provisions have been renumbered and relocated across successive Acts.

What the amendment record shows about intent and updating: Over time the Act has been used as a pragmatic vehicle to (1) align fence and party wall rules with contemporary tribunal and court structures; (2) incorporate technical standards for fence construction; (3) tie fence determinations into building safety (notably for swimming pools); and (4) consolidate fire related responsibilities in the statute. The territory planning authority’s powers to compel fence erection and recover costs were introduced or clarified in the early 1990s and 2000s and remain operative (ss 23-26).

For practitioners, the amendment history indicates frequent linkage points to other Acts and regulatory regimes. In particular, recent changes emphasise compliance with building and pool safety regulation and show ACAT as the persistent forum for dispute resolution. The endnotes provide the precise amendment instruments and dates to check for historical drafting changes when undertaking legal research or advising clients about continuity of rights and obligations.

The republished Act does not include case law or a catalogue of judicial decisions interpreting the Act. The endnotes and text do not name any judicial or tribunal cases. Where the Act uses ACAT as the dispute resolution forum (div 2.1), determinations and any reasons issued by ACAT will form the practical body of authority in the absence of reported court decisions, but those decisions are not reproduced or summarised in the republication text.

Given the Act’s structure, disputes arising under it will typically progress through ACAT (ss 4-13) and, where amounts are unpaid, may be enforced in a court of competent jurisdiction as a debt (s 28(f)). The Act’s amendment history shows interactions with magistrates court legislation and other procedural statutes, indicating that enforcement and appeals will follow the usual tribunal to court pathways established by the ACAT Act and court procedural rules. Section 19 explicitly contemplates enforcement under the rules as part of an “order” for payment.

For researching precedents you should: (a) search ACAT decision databases for determinations labelled as new fence, repair, repair cost or unleased land determinations under the Common Boundaries Act 1981; (b) search magistrates and territory court databases for enforcement actions and debt recovery cases that reference s 28(f) or orders under the Act; and (c) check appeals or judicial review applications to higher courts where ACAT decisions have been challenged. None of those case records are contained in the statutory text or the republication endnotes, so they must be sought in tribunal and court databases.

Practitioners must also note that the Act delegates procedural detail and enforcement mechanisms to the ACAT rules and to court rules; therefore published ACAT determinations and any court judgments enforcing or interpreting ACAT orders will be the primary sources for litigation history. The Act itself provides the legal framework but not the body of interpretive decisions.

This statute contains several textual traps and timing dependencies that routinely cause disputes. Below are specific items for practitioners and advisers to watch for, with the statutory hooks identified.

Notice timing and formality: Applications to ACAT for new fence and repair determinations are barred unless the applicant has given the required written notice and waited 30 days (ss 4(3), 5(3)). An occupier who does not join within 14 days is taken to have refused (ss 4(4), 5(4)). Failure to comply is remediable under s 9, but that is discretionary. The common practical mistake is to proceed to ACAT without strictly compliant notice. Use s 9 early if notice is imperfect and evidentially inconsistent.

Different notice rules for emergency repairs: Section 6 permits immediate repair or replacement without prior notice when necessary to protect people lawfully at premises or prevent escape of animals (s 6(1)-(2)), but the occupier must then give notice and wait 14 days before applying for a repair cost determination (s 6(4)). Practitioners must preserve contemporaneous evidence of the urgency and of the notice given to avoid losing entitlement to recover costs.

Definitions change outcomes: Parcel status controls access to div 2.1, and some land types are excluded (s 2A, s 2B). A block under the Districts Act 2002 counts only if there is a building other than a bus shelter or a public toilet (s 2A(1)(c)(i)-(ii)). Public parks, reserves and sports grounds are excluded (s 2B). Misclassifying land will lead to premature ACAT filings or ineligible applicants.

Cost composition expands what can be recovered: Surveyor fees and removal costs are explicitly part of erecting costs (ss 2C-2D). Applicants often forget to include removal or surveyor costs in initial estimates; ACAT will consider them part of the recoverable cost.

Basic fence specifications and the one‑half cap: If an applicant requests a basic fence the ACAT “must not” require the other party to contribute more than one half of the cost of erecting a basic fence (s 10(3)). This cap disappears if ACAT is satisfied the basic fence is impracticable or special circumstances require a different fence (s 10(4)). Parties seeking more elaborate fences must be prepared to justify why the basic fence is impracticable or why special circumstances exist. Conversely, respondents should consider whether a basic fence is practical because the statutory cap constrains their exposure.

Service on public bodies: Service rules differ when the occupier is the Territory or the Commonwealth , notices must be posted to the director‑general or the relevant Commonwealth secretary (s 18(1)(a)-(b)). Failure to serve the correct official address may create procedural defects, though s 9 gives ACAT remedial power.

Entry directions limited by occupation: ACAT may give directions about entry (s 22), but only onto land occupied by a party or by a sublessee, tenant, licensee or other person in possession from a party (s 22(3)). Directions cannot be given for entry onto third‑party land that is not in lawful possession from a party. Practitioners must check possessional status carefully before seeking entry orders.

Territory planning authority notices and one‑month deadline: A written notice under div 2.2 requires erection within one month (s 26). If a lessee does not act, the authority can cause erection at the lessee’s cost and demand payment (s 26). Lessees often overlook short compliance windows and the authority’s capacity to act without ACAT involvement.

Fire‑clearance evidentiary burden: Under s 26A the clearing occupier must show they cleared the 6 metre strip and that the non‑clearer neglected or omitted to clear, and that damage occurred because of that neglect. Evidence of clearing, notice to the non‑clearer, and timing are critical if the clearing occupier seeks recovery.

Joint lessees and internal apportionment: If a parcel is occupied by multiple persons, they are jointly and severally liable for ACAT orders (s 19(2)(a)). Between themselves they are treated equally absent agreement (s 19(2)(b)). One occupier who pays more may recover as a debt (s 19(2)(c)). This creates internal contractual and subrogation issues that will require private agreements or separate recovery actions.

Party wall depreciation and timing issues: If there is a period between completion of a party wall by one lessee and the other lessee beginning building, a reasonable allowance for depreciation must be made when apportioning costs (s 28(e)). Parties must document construction and completion dates and keep cost records.

Pool safety overlay: When a fence forms part of a regulated swimming pool safety barrier, ACAT must take into account regulated matters prescribed by regulation (s 13A). Failing to align fence proposals with pool barrier regulation risks an ACAT determination adverse to the fencing proposal.

Procedural curatives but discretionary: Section 9 gives ACAT power to accept, correct or treat defective notices as if they complied, or to declare a respondent where no notice was given; but this is discretionary. Do not assume s 9 will cure all defects , plead alternative bases and preserve evidence of good faith attempts to comply.

Regulatory uncertainty: The regulation‑making power (s 29) and references to matters prescribed by regulation (s 13A) mean practitioners must keep current with subordinate instruments that affect ACAT’s task, particularly on pool safety and construction standards.

In short, the statute looks straightforward but procedural missteps, misclassification of land, timing errors and failure to account for included cost elements are common pitfalls. Advise clients to document notices, clearances, timing and costs, to check whether land is a parcel under s 2A/2B, and to consider ACAT remedial paths under s 9 when procedural defects exist.

Practical compliance requires a mix of process discipline, documentation, and an understanding of the cost composition rules and timelines in the Act. Below are stepwise actions for occupiers, lessees, territory planning officers and advisers.

Verify land status and occupier identity

Confirm whether the boundary involves “parcel of land” status for div 2.1 by reference to s 2A and the Districts Act 2002 (s 2A(1)(c)). Check whether the adjoining land is a public park, reserve or sports ground (s 2B), which excludes the land from div 2.1. If one side is unleased Territory land or national land, note that the occupier is the Territory or the Commonwealth respectively (s 2A(1)(c)).

Choose the right remedy and preserve evidence

If a fence is absent and you want a fence, serve a written notice to the adjoining occupier asking to discuss erecting and paying for the fence, and retain proof of service (s 4(3)). For repairs, serve the corresponding written notice (s 5(3)). Maintain dated copies of notices and proof of posting or personal service in case ACAT is asked to correct procedural defects under s 9.

Observe the waiting periods before ACAT applications

Wait 30 days after giving notice for new fence or repair matters prior to applying to ACAT (ss 4(3), 5(3)). Remember the 14‑day rule for an occupier who is asked to join but does not within 14 days being treated as having refused (ss 4(4), 5(4)). For urgent repairs protecting people or preventing animal escape, repair immediately if necessary, but give the other occupier notice and wait 14 days before applying for a repair cost determination (s 6(2)-(4)).

Quantify costs correctly

Include all relevant components when estimating costs: the Act takes the cost to erect a new fence to include removing an existing fence (s 2C) and includes surveyor fees to survey the boundary as part of the cost of erecting the fence (s 2D). If you will ask ACAT to order a basic fence, be aware the other party’s contribution is capped at one half of the cost of erecting a basic fence unless ACAT finds impracticability or special circumstances (s 10(3)-(4)).

Use ACAT strategically

On application, be prepared to ask ACAT to determine the nature of the fence, the line, who must construct it, contribution amounts and payment timelines (s 10(2)). For repairs, be prepared to show whether repair or replacement is necessary (s 11(2)) and to explain why equal apportionment would be unjust if seeking a different split (s 11(4); s 12(4)). If a fence is part of a regulated pool safety barrier, ensure submissions address the regulatory matters ACAT must consider under s 13A.

Manage entry and contractor access

If ACAT makes a determination that requires entry onto land, seek directions under s 22 and plan work to comply with the direction in terms of reasonable hours and scope. Verify that the land to be entered is occupied by a party or by a person in lawful possession from a party, because ACAT cannot give directions for entry onto third‑party land (s 22(3)-(4)).

For territory planning authority notices

If you are a lessee who receives a written notice under div 2.2 to erect a fence, note the specified deadline (one month) to erect the fence (s 26) and that the authority may cause the fence to be erected at your cost if you fail to act (s 26). If in doubt, communicate with the authority promptly and seek clarification on the specification of the fence and the boundary portion required (s 25).

For fire damage and clearing disputes

If you clear flammable material for 6 metres from a dividing fence, document the clearing (dates, photographs, witnesses) to use in an action under s 26A if the non‑clearer neglects to clear and the fence is damaged by fire. If you are the non‑clearer, respond to reasonable requests for extension of time and, if applying for an extension, give reasonable notice to the clearing occupier (s 26A(3)).

Parties with multiple occupiers

If property is jointly occupied, be aware of joint and several liability for any payments ordered under the Act (s 19(2)(a)). Agree internal arrangements in writing where possible to avoid subsequent recovery actions among joint occupiers, and record contributions to create a clear trail for debt recovery if needed (s 19(2)(c)).

Party walls: coordinate with building approvals

For party walls, ensure any plan showing a party wall is documented in the building approval under the Building Act 2004 and obtain the certificate of occupancy where relevant (s 27(b)). If you erect a party wall at your expense and the other lessee later begins building, obtain evidence of this timing to support recovery of the apportioned cost, and remember the territory planning authority can determine apportionment where lessees fail to agree (s 28).

Keep regulatory watch and use s 9 remedial powers

Monitor subordinate regulations (s 29) and prescribed matters for pool safety (s 13A). If a notice is defective or not given, consider applying under s 9 to ask ACAT to accept or correct a notice or to declare the respondent.

Enforcement planning

Where ACAT awards contributions, have a plan for enforcement; explore enforcement under the ACAT rules and ordinary court debt recovery if the other party does not pay (s 19; s 28(f)). If the territory planning authority acts and demands payment, ensure good records are kept and seek negotiation before enforcement escalates.

Following these steps will reduce procedural missteps and support recovery of costs. Effective compliance is documentary: keep notices, proof of posting, photographs, contractor invoices, surveyor certificates, building approvals and clear records of clearing or repairs to establish entitlement under the Act.

Common Boundaries Act 1981

Plain English Summary

Deep Dive

What it does

Current sections

Common Boundaries Act 1981

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply