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
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