What it does
The Fences Act 1968 (Vic) establishes a statutory framework for the construction, repair, maintenance and replacement of dividing fences between adjoining lands in Victoria. Its core purpose is to impose a mutual obligation on the owners of adjoining parcels of land to contribute in equal proportions to a sufficient dividing fence, and to provide a procedural mechanism for reaching agreement on fencing works or, failing agreement, for resolving disputes through the Magistrates’ Court. The Act applies to all types of land use , agricultural, residential and commercial , and sets out a detailed process that an owner must follow before undertaking fencing works. Section 7(1) states the general principle: if no dividing fence exists, the owners are liable to contribute in equal proportions to fencing works and subsidiary works for the construction of a sufficient dividing fence. Where a dividing fence already exists but requires works to bring it up to a sufficient standard, the same equal contribution rule applies under section 7(2). The Act does not prevent owners from agreeing to different proportions (section 7(3)).
The Act also addresses situations where one owner demands a fence of a higher standard than is sufficient. Under section 8(1), that owner bears the entire additional cost beyond the sufficient dividing fence standard. Similarly, section 8(2) deals with existing fences built to a higher standard: the owner who required that higher standard is liable for the whole cost of works exceeding the sufficient standard. Section 9 imposes full liability on an owner who negligently or deliberately damages or destroys a dividing fence, including damage occurring in the course of developing land (section 9(3)). A tenant may be required to contribute if the lease has an unexpired term of five years or more, under section 10(2)(a) and (b), but only if proper notice is given and the tenant is not exempted by section 10(4) (residential rental agreements, retail premises leases, or leases already providing for fencing contributions). The Act creates a comprehensive notice-based procedure in Part 3, requiring a fencing notice (section 13) before any works can be undertaken (section 12). Special procedures cover urgent works (Division 2) and boundary surveys where the common boundary is disputed (Division 3). Part 4 empowers the Magistrates’ Court to make a wide range of orders about fencing works, contributions, and even adverse possession claims arising from fencing disputes (section 30E). Part 5 contains general provisions including the right to access adjoining land for fencing works (section 33), the preservation of other agreements and laws (section 34), and an exception for owners corporations where their rules already cover fencing contributions (section 36).