Fences Regulations 2024 (Victoria)

These Regulations prescribe the form and formalities for notices and urgent notices required under the Fences Act 1968. Mechanically, the instrument:

Declares that the term "the Act" means the Fences Act 1968 (reg 5).
Prescribes six forms in Schedule 1 for specific statutory triggers in the Act: a general fencing notice (Form 1), notices involving long‑term tenants (Forms 2-5), and an urgent fencing notice (Form 6) (regs 6-11; Schedule 1).
Revokes the previous Fences Regulations 2014 (reg 4).
Comes into operation on 15 September 2024 and was made on 10 September 2024; it will sunset in 10 years in accordance with the Subordinate Legislation Act 1994 (reg 3; Endnotes).

The official rationale stated in the instrument is narrow and procedural: to "prescribe forms for the purposes of the Fences Act 1968" (reg 1). The Regulations do not amend substantive liability, apportionment rules or court powers in the Act; they do two things only , specify standardised wording and record related informational notes within the forms (regs 6-11; Schedule 1). The prescribed forms incorporate statutory cross‑references to several provisions of the Fences Act (for example s 13(5), s 15(3), s 24(3)) and to other statutes (Building Act 1993, Residential Tenancies Act 1997, Retail Leases Act 2003) in the explanatory material in the Forms (Schedule 1, Forms 1 and 6).

Implementation cost and compliance burdens flow from requiring the prescribed form whenever the Act requires a particular notice (reg 6-11). The forms standardise what information must be provided (names, addresses, contact details, description of works, costs, allocation percentages, quotes/receipts, and reasons for urgency where relevant). They also include repeated process rules built into the explanatory text: 30‑day response windows, the effect of a response that does not agree with proposed matters, the ability to commence proceedings in the Magistrates' Court, and the availability of the Dispute Settlement Centre of Victoria (Forms 1-6). The instrument therefore centralises procedural content: who gives notice, what must be included, and what legal consequences flow from acceptance, disagreement, or non‑response. It leaves substantive matters , such as what constitutes a "sufficient dividing fence" or contribution apportionment , to the Fences Act and to court orders (Forms and Notes make these linkages explicit).

Version No. 001

Fences Regulations 2024

S.R. No. 84/2024

Version as at
15 September 2024

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocation 1

5 Definition 1

6 Fencing notice 2

7 Notice from notifying owner to long-term tenant 2

8 Notice from adjoining owner to long-term tenant 2

9 Notice of long-term tenant from notifying owner to adjoining owner 2

10 Notice of long-term tenant from adjoining owner to notifying owner 2

11 Urgent fencing notice 2

Schedule 1 3

═════════════

Endnotes 21

1 General information 21

2 Table of Amendments 23

3 Explanatory details 24

Version No. 001

Fences Regulations 2024

S.R. No. 84/2024

Version as at
15 September 2024

1 Objective

The objective of these Regulations is to prescribe forms for the purposes of the Fences Act 1968.

2 Authorising provision

These Regulations are made under section 38 of the Fences Act 1968.

3 Commencement

These Regulations come into operation on 15 September 2024.

4 Revocation

The Fences Regulations 2014[1] are revoked.

5 Definition

In these Regulations—

the Act means the Fences Act 1968.

Notes

1 In Forms 1 to 5 prescribed by regulations 6 to 10 of these Regulations, adjoining owner and notifying owner have the same meanings as in section 11 of the Act.

2 In Form 6 prescribed by regulation 11 of these Regulations, adjoining owner has the same meaning as in section 23 of the Act.

3 The definitions of adjoining owner and notifying owner in section 27 of the Act are not used in these Regulations.

6 Fencing notice

For the purposes of section 13(5) of the Act, the prescribed form is Form 1 in Schedule 1.

7 Notice from notifying owner to long-term tenant

For the purposes of section 15(3) of the Act, the prescribed form of a notice given under section 15(1)(b) of the Act is Form 2 in Schedule 1.

8 Notice from adjoining owner to long-term tenant

For the purposes of section 15(3) of the Act, the prescribed form of a notice given under section 15(2)(b) of the Act is Form 3 in Schedule 1.

9 Notice of long-term tenant from notifying owner to adjoining owner

For the purposes of section 15(3) of the Act, the prescribed form of a notice given under section 15(1)(c) of the Act is Form 4 in Schedule 1.

10 Notice of long-term tenant from adjoining owner to notifying owner

For the purposes of section 15(3) of the Act, the prescribed form of a notice given under section 15(2)(c) of the Act is Form 5 in Schedule 1.

11 Urgent fencing notice

For the purposes of section 24(3) of the Act, the prescribed form is Form 6 in Schedule 1.

Schedule 1

FORM 1

Regulation 6

Fences Act 1968

Section 13(5)

Fences Regulations 2024

Fencing notice

Date of this notice:

Name of person(s) giving fencing notice:

Address of person(s) giving fencing notice:

Telephone number of person(s) giving fencing notice:

Email address of person(s) giving fencing notice (if any):

I (the notifying owner) notify you, the owner of the land located at [insert address] (the adjoining owner), of my proposal to carry out fencing works and subsidiary works* as set out in this fencing notice
I propose that fencing works and subsidiary works* be carried out for the boundary of your land, described at 1, and my adjoining land, which is located at [insert address]
I propose that the position of the dividing fence should be:

[ and complete one option only]

 the boundary line [describe]

 another line [describe] if it is impracticable to carry out the fencing works and subsidiary works* on the common boundary because a waterway or obstruction (whether natural or manmade) is on or forms the common boundary

I propose that the following fencing works and subsidiary works* should be carried out:

[you may  more than one option]

 repair or maintenance of the whole or part** of the existing dividing fence [insert details of proposed repair or maintenance]

 demolition of the whole or part** of the existing dividing fence [describe relevant part of the fence, if applicable]

 removal of the whole or part** of the existing dividing fence [describe relevant part of the fence, if applicable]

 construction of the whole or part** of a new dividing fence [describe relevant part of the fence, if applicable]

 replacement of the whole or part** of the existing dividing fence (including demolition and removal of the whole or part** of the existing dividing fence and construction of the whole or part** of a new dividing fence [describe relevant part of the fence, if applicable]

 planting, replanting, repair or maintenance** of a hedge or similar vegetative barrier that is the whole or part** of a dividing fence [describe relevant part of the hedge or barrier, if applicable]

 cleaning, deepening, enlargement, repair or alteration** of a ditch or embankment** that is the whole or part** of a dividing fence

 subsidiary works [provide details of the proposed subsidiary works—which may include but are not limited to: design of dividing fence, preparation or clearing of land, surveying and marking of common boundary or other proposed line of fence, obtaining approval, using temporary barriers]

[ if applicable]

 A dividing fence is not required for part of the common boundary because a waterway or other obstruction (whether natural or manmade) is on or forms the common boundary

[If applicable, describe the waterway or obstruction (i.e. a structure built on the common boundary) and the part of the common boundary for which a dividing fence is not required]

If it is proposed to construct a new dividing fence or replace the existing dividing fence—I propose that the height of the new or replacement dividing fence should be [insert details]
If it is proposed to construct a new dividing fence or replace the existing dividing fence—I propose that the type of dividing fence and construction material should be [insert details]
If it is proposed to construct a new dividing fence or replace the existing dividing fence with a dividing fence that has rails and framing—I propose that the rails and framing should be placed on the side of the dividing fence facing into:

[ one option only]

 your land, described at 1

 my land, described at 2

[ and complete one option only]

 I propose to pay the entire cost of fencing works and any subsidiary works set out at 4

 I propose that the cost of fencing works and any subsidiary works set out at 4 should be shared between us

[Complete only if it is proposed, at 9, that the cost should be shared]

The total estimated cost of the proposed fencing works and any subsidiary works set out at 4 is [insert total estimated cost] and the basis of this estimate is [insert details]

If the estimate is based on a quote, a copy of the quote is attached***

I propose that the cost should be shared as follows:

I pay [insert percentage] being [insert estimated amount], and

you pay [ insert percentage] being [insert estimated amount]

[If contributions other than in equal proportions are proposed, give reasons]

I propose that the fencing works and any subsidiary works set out at 4 should be carried out by [insert name and contact details of person(s) proposed to carry out works, if known]

*strike out if no subsidiary works are proposed

**strike out whichever does not apply

***strike out if no quote has been obtained

IMPORTANT INFORMATION

This is a fencing notice under section 13 of the Fences Act 1968.
Agreement to the fencing works and any subsidiary works proposed in this fencing notice gives rise to a fencing notice agreement, which can be enforced under the Fences Act 1968.
Notifying owners should provide fencing notices to adjoining owners prior to the commencement of fencing works or any subsidiary works, unless urgent fencing works (including subsidiary works) must be carried out. Urgent fencing works may need to be carried out in circumstances including where the dividing fence has been damaged or destroyed by a falling tree or branch or by fire or flood. If urgent fencing works are to be undertaken the urgent fencing notice should be used.
Using temporary fences and barriers as dividing fences until the completion of fencing works is subsidiary works and requires agreement from the adjoining owner in the manner described above, unless it is classified as urgent fencing works.
Subsidiary works can also include the design of a dividing fence, the preparation or clearing of land for the purpose of fencing works, the surveying and marking of the common boundary of adjoining land or other proposed line of fence for the purpose of fencing works and obtaining an approval required for the purpose of fencing works.
A notifying owner can commence fencing works and any subsidiary works with a fencing notice agreement, any other agreement between the owners, an order of the Magistrates' Court, or otherwise in accordance with the Fences Act 1968. If there is no complete agreement between the notifying owner and the adjoining owner or no order of the Magistrates' Court, or if the notifying owner's actions are in conflict with the Fences Act 1968, the adjoining owner may file a complaint in the Magistrates' Court.
If, within 30 days from the day this fencing notice is given, the adjoining owner has responded to a fencing notice from a notifying owner, but does not agree to one or more of the matters specified in this notice, the notifying owner cannot proceed with fencing works or any subsidiary works (whether proposed in this notice or otherwise) without the adjoining owner's agreement.
The notifying owner and adjoining owner may continue to negotiate or, after the 30 days, either owner may commence proceedings in the Magistrates' Court for orders. Orders sought may include the line on which fencing works and any subsidiary works are to be carried out; the line that is the common boundary; whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
If, within 30 days from the day this fencing notice is given, the adjoining owner has not responded to this notice, the notifying owner may proceed with the fencing works and any subsidiary works set out in this notice. The notifying owner may then commence proceedings in the Magistrates' Court to recover contributions from the adjoining owner.
Either owner may seek assistance from the Dispute Settlement Centre of Victoria to resolve any disputes about the proposed fencing works and any subsidiary works.
Section 6 of the Fences Act 1968 provides for the factors that must be considered in determining whether a dividing fence is a sufficient dividing fence. The factors that must be considered include (but are not limited to) the purpose for which owners of adjoining land use the land or intend the land to be used, reasonable privacy concerns of the owners of adjoining land, any policy or code relating to dividing fences adopted by the municipal council of the area, any relevant planning instruments, the existence of any agreements or covenants, and the need for a dividing fence.
Section 8 of the Fences Act 1968 provides for who is liable for the cost of fencing works and any subsidiary works if one owner of adjoining land requires a dividing fence that is of a greater standard than a sufficient dividing fence.
Section 32 of the Fences Act 1968 provides for the placement of rails and framing for a dividing fence that has rails and framing. Owners may agree about the side of the dividing fence on which the rails and framing are to be placed. If an agreement between owners or an order of the Magistrates' Court does not specify the side on which rails and framing are to be placed, the Fences Act 1968 provides for the side on which rails and framing must be placed.
For a dividing fence between residential or commercial land and land over which the public has general access or over which there is a right of way, the rails and framing must be placed on the side of the dividing fence facing into the residential or commercial land. For a dividing fence between residential and commercial land, the rails and framing must be placed on the side of the dividing fence facing into the residential land. In all other cases, the rails and framing must be placed on the same side as the previous dividing fence (if a dividing fence is being replaced by a similar dividing fence) or on the side least subject to weathering (if a dividing fence is being replaced by a different type of dividing fence or if there was no previous dividing fence).
The Fences Act 1968 deals with a range of other matters. Further information is available from the Dispute Settlement Centre of Victoria's website.

Other important information

Division 3 of Part 3 of the Fences Act 1968 details the process that must be followed if the common boundary is not agreed, which includes giving a boundary notice and engaging a licensed surveyor to have the common boundary defined.
Unless impractical to do so, a dividing fence must be built on the common boundary or claims of adverse possession may arise, as detailed in section 30E of the Fences Act 1968.

Building and protection works

Building works on boundaries may involve the demolition of walls, which could occur prior to the commencement of fencing works, if a new sufficient dividing fence is then to be constructed. Building works may also include the construction of a new structure on a boundary line. Building and protection works are not fencing works and are not subject to the Fences Act 1968 (unless where specified). Building and protection works are subject to Part 7 of the Building Act 1993. More information can be obtained from the Victorian Building Authority's website.

Form 2

Regulation 7

Fences Act 1968

Section 15(3)

Fences Regulations 2024

Notice from notifying owner to long-term tenant

Date of this notice:

Name of person(s) giving notice:

Address of person(s) giving notice:

Telephone number of person(s) giving notice:

Email address of person(s) giving notice (if any):

I (the notifying owner) notify you, the tenant of the land located at [insert address] (the long-term tenant) of my proposal to carry out fencing works and subsidiary works*
I gave a fencing notice, a copy of which is attached, to the adjoining owner proposing fencing works and any subsidiary works between my land, described at 1, and the adjoining land, as set out in the fencing notice

[Attach a copy of the fencing notice]

As set out in the fencing notice, the estimated cost of the fencing works and any subsidiary works is [insert amount estimated in the fencing notice]
As set out in the fencing notice, it is proposed that I pay [insert percentage] of the estimated cost of the fencing works, estimated to be [insert amount]
You are a long-term tenant of my land for the purposes of section 10 of the Fences Act 1968 and are liable to contribute to the fencing works and any subsidiary works for a sufficient dividing fence as follows:

[ and complete one option only]

 The unexpired term of your lease is 5 years or more but not more than 10 years. You are liable under section 10 of the Fences Act 1968 to contribute 50% of my share of the cost of the fencing works and any subsidiary works, estimated to be [insert amount based on amount estimated in fencing notice]

 The unexpired term of your lease is more than 10 years. You are liable under section 10 of the Fences Act 1968 to contribute the entire amount of my share of the cost of the fencing works and any subsidiary works, estimated to be [insert amount based on amount estimated in fencing notice]

By giving you this notice and the attached copy of the fencing notice, I seek your agreement to the fencing works and any subsidiary works set out in the fencing notice (except for any matter relating to the boundary line or line on which it is proposed to carry out the fencing works) and require you to contribute to my share of the cost in the proportion specified in this notice at 5

IMPORTANT INFORMATION

This is a notice under section 15(1)(b) of the Fences Act 1968. The notifying owner gave the attached fencing notice to the adjoining owner under section 13 of the Fences Act 1968, proposing that fencing works and any subsidiary works should be undertaken between the notifying owner's land and the adjoining owner's land.
If, within 30 days from the day the fencing notice was given, the long‑term tenant responds to this notice but the long-term tenant and the owners do not agree to one or more of the matters specified in the fencing notice*, the fencing works or any subsidiary works may not proceed.
After the 30 days, the long-term tenant, the notifying owner or the adjoining owner may commence proceedings in the Magistrates' Court. Orders sought may include whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
If, within 30 days from the day the fencing notice was given, the long‑term tenant has not responded to this notice, the fencing works and any subsidiary works may proceed without the long-term tenant's agreement. The notifying owner may then seek an order in the Magistrates' Court to recover a contribution from the long-term tenant.

*The long-term tenant's agreement is not required for any matter relating to the common boundary or line of fence.

Form 3

Regulation 8

Fences Act 1968

Section 15(3)

Fences Regulations 2024

Notice from adjoining owner to long-term tenant

Date of this notice:

Name of person(s) giving notice:

Address of person(s) giving notice:

Telephone number of person(s) giving notice:

Email address of person(s) giving notice (if any):

I (the adjoining owner) notify you, the tenant of the land located at [insert address] (the long-term tenant) about proposed fencing works
I received a fencing notice, a copy of which is attached, from the owner of the adjoining land (the notifying owner) proposing fencing works and any subsidiary works between my land, described at 1, and the adjoining land, as set out in the fencing notice

[Attach a copy of the fencing notice]

As set out in the fencing notice, the estimated cost of the fencing works and any subsidiary works is [insert amount estimated in the fencing notice]
As set out in the fencing notice, it is proposed that I pay [insert percentage] of the estimated cost of the fencing works, estimated to be [insert amount]
You are a long-term tenant of my land for the purposes of section 10 of the Fences Act 1968 and are liable to contribute to the fencing works and any subsidiary works for a sufficient dividing fence as follows:

[ and complete one option only]

By giving you this notice and the attached copy of the fencing notice, I seek your agreement to the fencing works and any subsidiary works set out in the fencing notice (except for any matter relating to the boundary line or line on which it is proposed to carry out the fencing works) and require you to contribute to my share of the cost in the proportion specified in this notice at 5

IMPORTANT INFORMATION

This is a notice under section 15(2)(b) of the Fences Act 1968. The adjoining owner received the attached fencing notice under section 13 of the Fences Act 1968, proposing that fencing works and any subsidiary works should be undertaken for a dividing fence between the adjoining owner's land and the notifying owner's land.
If, within 30 days from the day the fencing notice was given, the long‑term tenant responds to this notice but the long-term tenant and the owners do not agree to one or more of the matters specified in the fencing notice*, the fencing works or any subsidiary works may not proceed.
After the 30 days, the long-term tenant, the adjoining owner or the notifying owner may commence proceedings in the Magistrates' Court. Orders sought may include whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
If, within 30 days from the day the fencing notice was given, the long‑term tenant has not responded to this notice, the fencing works and any subsidiary works may proceed without the long-term tenant's agreement. The adjoining owner may then seek an order in the Magistrates' Court to recover a contribution from the long-term tenant.

*The long-term tenant's agreement is not required for any matter relating to the common boundary or line of fence.

Form 4

Regulation 9

Fences Act 1968

Section 15(3)

Fences Regulations 2024

Notice of long-term tenant from notifying owner to adjoining owner

Date of this notice:

Name of person(s) giving notice:

Address of person(s) giving notice:

Telephone number of person(s) giving notice:

Email address of person(s) giving notice (if any):

I (the notifying owner) gave you (the adjoining owner) a fencing notice under section 13 of the Fences Act 1968 proposing fencing works and any subsidiary works between your land, located at [insert address], and my adjoining land, located at [insert address]
I give you this further notice to notify you that there is a long-term tenant of my land who is liable to contribute to the fencing works and any subsidiary works for a sufficient dividing fence
You are not required to respond to this notice

IMPORTANT INFORMATION

This is a notice under section 15(1)(c) of the Fences Act 1968. If, within 30 days from the day the notifying owner gave the adjoining owner the fencing notice, the long-term tenant responds but the long‑term tenant and the owners do not agree to one or more of the matters specified in the fencing notice*, the fencing works or any subsidiary works may not proceed.
After the 30 days, the long-term tenant, the adjoining owner or the notifying owner may commence proceedings in the Magistrates' Court. Orders sought may include whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
If, within 30 days from the day the notifying owner gave the adjoining owner the fencing notice, the long-term tenant has not responded to the notice given to the long-term tenant, the fencing works and any subsidiary works may proceed without the long-term tenant's agreement. The notifying owner may then seek an order in the Magistrates' Court to recover a contribution from the long-term tenant.

*The long-term tenant's agreement is not required for any matter relating to the common boundary or line of fence.

Form 5

Regulation 10

Fences Act 1968

Section 15(3)

Fences Regulations 2024

Notice of long-term tenant from adjoining owner to notifying owner

Date of this notice:

Name of person(s) giving notice:

Address of person(s) giving notice:

Telephone number of person(s) giving notice:

Email address of person(s) giving notice (if any):

I (the adjoining owner) received a fencing notice under section 13 of the Fences Act 1968 from you (the notifying owner) proposing fencing works and any subsidiary works between your land, located at [insert address], and my adjoining land, located at [insert address]
I give you this further notice to notify you that there is a long-term tenant of my land who is liable to contribute to the fencing works and any subsidiary works for a sufficient dividing fence
You are not required to respond to this notice

IMPORTANT INFORMATION

This is a notice under section 15(2)(c) of the Fencing Act 1968. If, within 30 days from the day the notifying owner gave the adjoining owner the fencing notice, the long-term tenant responds but the long‑term tenant and the owners do not agree to one or more of the matters specified in the fencing notice*, the fencing works or any subsidiary works may not proceed.
After the 30 days, the long-term tenant, the notifying owner or the adjoining owner may commence proceedings in the Magistrates' Court. Orders sought may include whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
If, within 30 days from the day the notifying owner gave the adjoining owner the fencing notice, the long-term tenant has not responded to the notice given to the long-term tenant, the fencing works and any subsidiary works may proceed without the long-term tenant's agreement. The adjoining owner may then seek an order in the Magistrates' Court to recover a contribution from the long-term tenant.

*The long-term tenant's agreement is not required for any matter relating to the common boundary or line of fence.

Form 6

Regulation 11

Fences Act 1968

Section 24(3)

Fences Regulations 2024

Urgent fencing notice

Date of this notice:

Name of person(s) giving urgent fencing notice:

Address of person(s) giving urgent fencing notice:

Telephone number of person(s) giving urgent fencing notice:

Email address of person(s) giving urgent fencing notice (if any):

I (the notifying owner) carried out urgent fencing works and subsidiary works* for a sufficient dividing fence between my land, located at [insert address], and your adjoining land, located at [insert address]
Fencing works and subsidiary works* needed to be carried out urgently because the dividing fence between our properties was damaged or destroyed** and it was impracticable to give you a fencing notice
The reason(s) that the fencing works and subsidiary works* needed to be carried out urgently was [insert reasons(s)]
The following fencing works and subsidiary works* were carried out urgently:

[you may  more than one option]

 repair or maintenance of the whole or part** of the existing dividing fence [insert details of works undertaken]

 demolition of the whole or part** of the existing dividing fence

 removal of the whole or part** of the existing dividing fence

 construction of the whole or part** of a new dividing fence

 planting, replanting, repair or maintenance** of a hedge or similar vegetative barrier that is the whole or part** of a dividing fence

 cleaning, deepening, enlargement, repair or alteration** of a ditch or embankment** that is the whole or part** of a dividing fence

The fencing works and subsidiary works* set out at 4 were carried out on:

 the boundary line [describe]

 another line [describe] because it was impracticable to carry out the fencing works and subsidiary works* on the common boundary because a waterway or obstruction (whether natural or manmade) is on or forms the common boundary

If a new dividing fence was constructed or the existing dividing fence was replaced—the height of the new or replacement dividing fence is [insert details]
If a new dividing fence was constructed or the existing dividing fence was replaced—the type of dividing fence and construction material is [insert details]
If a new dividing fence was constructed or the existing dividing fence was replaced with a dividing fence that has rails or framing—the rails and framing were placed on the side of the dividing fence facing into:

[ one option only]

 my land, described at 1

 your adjoining land, described at 1

The cost of the fencing works and subsidiary works* was [insert amount] as shown in the attached receipt

[Attach a copy of the receipt for the works]

I propose that the cost should be shared as follows:

I pay [insert percentage] being [insert amount], and

you pay [insert percentage] being [insert amount]

[If contributions other than in equal proportions are proposed, give reasons]

*strike out if no subsidiary works were undertaken

**strike out whichever does not apply

IMPORTANT INFORMATION

This is a notice under section 24(1) of the Fences Act 1968. Not all required fencing works are considered urgent fencing works. The note at the foot of section 23(1) of the Fences Act 1968 provides that the types of circumstances in which fencing works and any subsidiary works may need to be carried out urgently include where the dividing fence has been damaged or destroyed by a falling tree or branch or by fire or flood.
The owner who gives an urgent fencing notice requires the adjoining owner to contribute to the fencing works and any subsidiary works for a sufficient dividing fence that were carried out urgently in accordance with the Fences Act 1968.
If, within 30 days from the day this urgent fencing notice is given, the adjoining owner responds to the notice but does not agree to one or more of the matters specified in the notice, either owner may commence proceedings in the Magistrates' Court. Orders sought may include the line that is the common boundary; whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
If, within 30 days from the day this urgent fencing notice is given, the adjoining owner has not responded to the notice, the owner who gave the urgent fencing notice may commence proceedings in the Magistrates' Court for orders about the urgent fencing works and subsidiary works or contributions.
Urgent fencing works that may be carried out under the Fences Act 1968 are subject to the operation of the Residential Tenancies Act 1997 in relation to urgent repairs, or the Retail Leases Act 2003 in relation to urgent repairs, or a lease agreement that makes provision for urgent repairs.
Section 32 of the Fences Act 1968 provides for the placement of rails and framing for a dividing fence that has rails and framing. Owners may agree about the side of the dividing fence on which the rails and framing are to be placed. If an agreement between owners or an order of the Magistrates' Court does not specify the side on which rails and framing are to be placed, the Fences Act 1968 provides for the side on which rails and framing must be placed. For a dividing fence between residential or commercial land and land over which the public has general access or over which there is a right of way, the rails and framing must be placed on the side of the dividing fence facing into the residential or commercial land.
For a dividing fence between residential and commercial land, the rails and framing must be placed on the side of the dividing fence facing into the residential land. In all other cases, the rails and framing must be placed on the same side as the previous dividing fence (if a dividing fence is being replaced by a similar dividing fence) or on the side least subject to weathering (if a dividing fence is being replaced by a different type of dividing fence or if there was no previous dividing fence).

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Fences Regulations 2024, S.R. No. 84/2024 were made on 10 September 2024 by the Governor in Council under section 38 of the Fences Act 1968, No. 7733/1968 and came into operation on 15 September 2024: regulation 3.

The Fences Regulations 2024 will sunset 10 years after the day of making on 10 September 2034 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Fences Regulations 2024 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

Reg. 4: S.R. No. 122/2014. ↑

1 Fences Regulations 2024

Version No. 001

Fences Regulations 2024

S.R. No. 84/2024

Version as at
15 September 2024

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocation 1

5 Definition 1

6 Fencing notice 2

7 Notice from notifying owner to long-term tenant 2

8 Notice from adjoining owner to long-term tenant 2

9 Notice of long-term tenant from notifying owner to adjoining owner 2

10 Notice of long-term tenant from adjoining owner to notifying owner 2

11 Urgent fencing notice 2

Schedule 1 3

═════════════

Endnotes 21

1 General information 21

2 Table of Amendments 23

3 Explanatory details 24

Version No. 001

Fences Regulations 2024

S.R. No. 84/2024

Version as at
15 September 2024

1 Objective

The objective of these Regulations is to prescribe forms for the purposes of the Fences Act 1968.

2 Authorising provision

These Regulations are made under section 38 of the Fences Act 1968.

3 Commencement

These Regulations come into operation on 15 September 2024.

4 Revocation

The Fences Regulations 2014[1] are revoked.

5 Definition

In these Regulations—

the Act means the Fences Act 1968.

Notes

1 In Forms 1 to 5 prescribed by regulations 6 to 10 of these Regulations, adjoining owner and notifying owner have the same meanings as in section 11 of the Act.

The Regulations are minimalist subordinate legislation: their principal concept is prescriptive standardisation of statutory notice forms. The forms repeat and operationalise several recurring legal concepts from the Fences Act as expressed in the Regulations:

Prescribed form requirement. The Regulations prescribe the exact format and content for notices required under specified sections of the Fences Act (reg 6-11; Schedule 1). Each form corresponds to a particular statutory provision: Form 1 for fencing notices under s 13(5) of the Act, Forms 2-5 for notices under s 15(3) (and its subparts), and Form 6 for urgent fencing notices under s 24(3) (regs 6-11).
Parties and defined roles. The forms operationalise the relationships between a "notifying owner", an "adjoining owner" and a "long‑term tenant". The Regulations state that in Forms 1-5 the meanings of "adjoining owner" and "notifying owner" are those in s 11 of the Act, and that in Form 6 "adjoining owner" has the meaning in s 23 of the Act. The Regulations explicitly note that the definitions in s 27 of the Act are not used here (reg 5, Notes 1-3).
Scope of works described. The forms define "fencing works" broadly to capture repair, demolition, removal, construction, replacement, vegetative barriers (hedges), ditch/embankment works, and "subsidiary works" which are listed as including survey, design, clearing, obtaining approvals and temporary barriers (Form 1 and Form 6, Schedule 1). This makes clear that notice requirements extend beyond simple physical fence construction to preparatory and ancillary steps.
Cost and cost‑sharing mechanics. The forms prescribe fields for an estimated total cost, an attached quote, and an allocation of percentages and amounts between owners. They require reasons if unequal contributions are proposed (Form 1, cl 10). Forms directed to long‑term tenants (Forms 2-3) invoke s 10 of the Act for the tenant's contribution liability and set out the two statutory bands of liability stated in the forms (lease unexpired term 5-10 years: tenant liable for 50% of the owner's share; >10 years: tenant liable for entire owner share).
Timing and procedural effect. The forms contain repeated process statements: a 30‑day window for response from the date the fencing notice was given, consequences of a response that does not agree (works may not proceed), and the notifying owner’s right to proceed if the adjoining owner or long‑term tenant does not respond within 30 days and subsequently seek recovery via Magistrates' Court (Forms 1-6).
Urgency carve‑out. Form 6 deals with "urgent fencing works", where the notifying owner may carry out works without prior fencing notice if it was impracticable to give one. The form requires reasons for urgency, a receipt for costs, and sets out the same 30‑day response and court recourse rules after the event (Form 6).
Interface rules. The forms incorporate pointers to other statutory rules in the Act: placement of rails and framing (s 32), factors to determine a sufficient dividing fence (s 6), liability for greater‑than‑sufficient standards (s 8), boundary processes and surveying if the common boundary is contested (Division 3 of Part 3), and adverse possession risk if a fence is not built on the common boundary (s 30E referenced in Form 1 Notes).
Cross‑statutory interactions. The forms explicitly note that some works are "building and protection works" that are not fencing works and are governed by the Building Act 1993. They also note that urgent fencing works will be subject to the Residential Tenancies Act 1997 or Retail Leases Act 2003 where those statutes apply (Form 6 Notes).

These concepts convert statutory abstractions into a set of fields and checkboxes that document what the notifying owner proposes, what the cost and allocation are, and record the procedural steps. The Regulations therefore reduce negotiation framing costs by standardising the initial notice, but they also fix the procedural consequences attached to specific phrasing and options in the forms.

The Regulations affect a defined set of private actors and public bodies consistent with the Fences Act process. The principal private parties are:

Notifying owner. The person initiating works and giving the fencing notice under s 13(5) (Form 1) or the urgent fencing notice under s 24(3) (Form 6). The notifying owner must populate the prescribed form and make specific proposals about line, works, cost estimates, contractors, and framing placement (Forms 1 and 6).
Adjoining owner. The recipient of fencing notices under the Act (Forms 1, 4, 5) and the person required to respond or to contribute. The forms make clear that an adjoining owner may be the recipient of a notice of a long‑term tenant (Form 4) and that if the adjoining owner does not respond within 30 days the notifying owner may proceed and later seek recovery (Forms 1; 4).
Long‑term tenant. A tenant meeting the definition in s 10 of the Act (Forms 2-3) whose liability to contribute is set out in the prescribed notices. The Regulations make special provision for notifying long‑term tenants of proposed works and set out the tenant’s contribution percentages depending on unexpired lease terms (Forms 2-3). The forms also repeatedly state the long‑term tenant’s agreement is not required for any matter relating to the common boundary or line of fence.
Contractors, surveyors and trades. The forms have fields requesting the name and contact details of persons proposed to carry out works (Form 1 cl 11) and require copies of quotes and receipts for quotes/works when relied upon (Form 1 cl 10 and Form 6). Licensed surveyors are implicated where the boundary is contested because Division 3 of Part 3 requires a boundary notice and a licensed surveyor engagement (Form 1 Other important information, cl 16).
Dispute resolution and courts. The forms advise that parties may use the Dispute Settlement Centre of Victoria, and they flag the Magistrates' Court as the forum to commence proceedings for orders where there is no agreement or where a response disagrees with the proposal (Forms 1-6). The Forms list specific matters the Court may order (e.g., line, sufficiency, apportionment).

Public and regulatory bodies affected include:

Municipal councils. The forms reference municipal council policies or codes as factors in deciding sufficiency of a dividing fence (Form 1 cl 11).
Victorian Building Authority / Building Act processes. The forms draw a distinction between building and protection works (governed by Building Act 1993) and fencing works; practitioners engaging in boundary demolition or construction must consider building approvals and responsibilities outside the Fences Act (Form 1 Other important information, cl 18).
Residential tenancy and retail lease regulators. For urgent works, the forms note the operation of the Residential Tenancies Act 1997 and Retail Leases Act 2003 in relation to urgent repairs (Form 6 Note 5).

Institutionally, the Regulations shift drafting and evidentiary burdens onto whoever gives a fencing notice or an urgent fencing notice. That party must supply sufficient descriptive detail, quotes/receipts where estimates derive from them, and comply with the 30‑day timing mechanics embedded in the forms (Forms 1-6). Failure to use the prescribed form when the Act requires it could have procedural consequences, though the Regulations themselves do not state a sanction; instead, procedural rights and remedies are referenced back to the Act and Magistrates' Court processes (regs 6-11; Forms 1-6).

The Regulations create procedural duties by prescribing form content and link those duties to legal consequences under the Act. Key duties and rights stated in the text are:

Duties

Use the prescribed form: The Regulations require specific forms for notices under particular sections of the Act. For fencing notices under s 13(5) the prescribed form is Form 1; for long‑term tenant notices under s 15(3) the prescribed forms are Forms 2-5; for urgent fencing notices under s 24(3) the prescribed form is Form 6 (regs 6-11). The duty to use the prescribed form is mechanical and intended to standardise information.
Provide specific content: Forms require specific data points , dates, names, addresses, telephone numbers, email, detailed description of proposed works (including subsidiary works), proposed line of fence, proposed height and materials, side for rails and framing, estimated cost and basis of estimate, contractor details (Form 1 cl 1-11, Form 6 cl 1-9). The forms also require attaching copies of quotes or receipts where applicable (Form 1 cl 10; Form 6).
Strike out inapplicable items: Several clauses instruct the preparer to "strike out" inapplicable options (for example, subsidiary works not proposed; quote not obtained) which creates an implicit duty to avoid ambiguity by removing options that are irrelevant (Forms 1 and 6).
Time notifications and responses: The forms repeatedly record a 30‑day response period from the day the fencing notice was given; if the adjoining owner or long‑term tenant responds but disagrees with one or more matters within that timeframe, the owner proposing works cannot proceed without agreement or court orders (Forms 1-6). The notifying owner is therefore obliged to wait if there is an express timely disagreement.
For urgent works, document urgency: Where urgent fencing works are carried out without prior fencing notice, the person who did the works must complete an urgent fencing notice setting out reasons for urgency and attach a receipt (Form 6 cl 2-5, cl 9).

Rights

Right to proceed if no response within 30 days: If the adjoining owner or long‑term tenant does not respond within 30 days from the day the fencing notice was given, the notifying owner may proceed with the works set out in the notice and then commence proceedings in the Magistrates' Court to recover contributions (Form 1 cl 9 and Important information cl 9; Forms 2-3 Notes).
Right to recover contributions via Magistrates' Court: The forms repeatedly advise that where no agreement has been reached or where the non‑response allows work to proceed, the notifying owner may seek recovery of contributions or other orders in the Magistrates' Court (Forms 1-6).
Right to seek dispute resolution assistance: The forms advise that parties may seek assistance from the Dispute Settlement Centre of Victoria (Form 1 Important information cl 10).
Rights concerning rails and framing placement: The forms set out that owners may agree about the side for rails and framing, and if there is no agreement or Court order, the Fences Act provides default rules (Form 1 Important information cl 13-14; Form 6 Note 6-7). The Regulations therefore preserve the Act’s allocation rights and default rules.
Rights and obligations of long‑term tenants: Forms 2 and 3 set out the tenant’s statutory liability to contribute depending on the unexpired term of the lease, specifying precise contribution shares under s 10 (Forms 2-3 cl 5). The forms make clear the tenant is notified and required to contribute but that the tenant’s agreement is not required for boundary or line matters.

Matters the Regulations do not change

Substantive standards and apportionment remain within the Act and court jurisdiction. The Regulations do not alter what constitutes a sufficient dividing fence, how contributions are apportioned as a matter of substantive law, or the magistrates' power to make orders , they simply standardise how such matters are proposed and documented in notices (Forms 1-6; notes referencing ss 6, 8, 32 and Division 3 of Part 3).

In short, the Regulations convert statutory procedural steps into a predictable checklist of duties for whoever serves a notice and preserve the Act's substantive scheme and court enforcement pathways.

The Regulations themselves do not create new criminal offences or penalty provisions. They perform a procedural role , specifying the forms for notices required by the Fences Act , and point users back to enforcement mechanisms in the parent Act and to the Magistrates' Court. The instrument therefore relies on the Act’s enforcement architecture rather than establishing separate enforcement within the Regulations.

What the forms say about enforcement and remedies:

Magistrates' Court recourse. Each form contains language advising that if parties do not agree within 30 days, either owner (or the long‑term tenant) may commence proceedings in the Magistrates' Court for orders including, but not limited to, determining the line of fence, whether a dividing fence is required, the nature of fencing and subsidiary works, and the apportionment of contributions (Forms 1-6 Important information paragraphs 6-9 and similar language repeated).
Recovery of contributions. The prescribed notices expressly state that after the 30‑day non‑response window the notifying owner may proceed with the works and later commence proceedings in the Magistrates' Court to recover contributions from a non‑responding party (Forms 1 cl 9 and cl 9 Important information; Forms 2-3 Notes). For urgent works, the urgent fencing notice similarly contemplates subsequent Court proceedings and recovery (Form 6 Important information cl 3-4).
Dispute resolution. The forms direct parties to the Dispute Settlement Centre of Victoria for assistance in resolving disputes before Court action (Form 1 Important information cl 10). This is a non‑binding alternative to litigation flagged in the forms.
Interaction with other statutory regimes. For urgent works, the forms note that urgent fencing works are subject to the operation of the Residential Tenancies Act 1997 (urgent repairs) and the Retail Leases Act 2003; where those statutes apply, their enforcement and remedy mechanisms may be relevant (Form 6 Note 5).

Absence of penalties in the Regulations means compliance is primarily incentivised by procedural consequences and the potential for court orders under the Act. The Regulations do not give administrative sanctioning powers, monetary penalties, or enforcement steps separate from the Act. Any failure to use the prescribed form when a statutory notice is required may complicate evidence and procedural compliance in subsequent court actions, but the Regulations themselves do not specify statutory fines or direct administrative sanctions.

The Regulations do make temporal provisions relevant to enforcement: the 30‑day response period is repeatedly stated and is the hinge for whether the notifying owner may proceed and later seek recovery in Court (Forms 1-6). Practitioners should therefore treat the 30‑day clock as the principal procedural trigger for enforcement rights under the regime as described in the forms.

The Regulations serve as a procedural adjunct to the Fences Act 1968 and explicitly cross‑reference multiple other statutes and statutory mechanisms. The interactions set out in the text are procedural and referential rather than substantive amendments to those other laws:

Fences Act 1968. The Regulations are made under section 38 of the Act (reg 2). Each prescribed form corresponds to an identified provision in the Act (for example s 13(5), s 15(3), s 24(3)) and the explanatory material in the Forms repeatedly cites substantive provisions of the Act (ss 6, 8, 10, 13, 15, 23, 24, 30E, 32 and Division 3 of Part 3). The Regulations therefore sit beneath the Act and operationalise notice and evidentiary steps required by the Act, while leaving substantive matters , sufficiency of a dividing fence, apportionment, boundary determination , to the Act and the Magistrates' Court.
Building Act 1993 and building processes. The Forms expressly state that "building and protection works" on boundaries may involve demolition or a structure built on a boundary line and that these are not fencing works unless specified, being instead subject to Part 7 of the Building Act 1993 and the Victorian Building Authority (Form 1 Other important information cl 18). This draws a jurisdictional line: some boundary works fall under building regulation rather than the Fences Act, so parties and contractors must consider building approvals and compliance outside the fences regime.
Residential Tenancies Act 1997 and Retail Leases Act 2003. For urgent fencing works, Form 6 notes that such works are subject to the operation of the Residential Tenancies Act 1997 in relation to urgent repairs or the Retail Leases Act 2003 in relation to urgent repairs, or to lease provisions. This creates an overlay: for leased premises, duties and remedies for urgent repairs under tenancy or retail lease regulation may interact with the urgent fencing notice process and may affect who can order and pay for urgent repairs and how those costs are recovered.
Magistrates' Court processes. The forms repeatedly reference the Magistrates' Court as the appropriate forum for obtaining orders about boundary lines, sufficiency, and cost apportionment where there is dispute. The Regulations therefore expect parties to use existing court procedures under the Act to resolve contested substantive matters; the forms are documentary evidence that can support such proceedings.
Dispute Settlement Centre of Victoria. The forms repeatedly suggest the Dispute Settlement Centre of Victoria as an alternative pathway to resolve disagreements, signalling that the regime anticipates non‑court dispute resolution.
Subordinate Legislation Act 1994 and Interpretation of Legislation Act 1984. The endnotes say the Regulations were made under the Subordinate Legislation Act 1994 and will sunset 10 years after making (Endnotes), and the general Endnotes include interpretative statements derived from the Interpretation of Legislation Act 1984 about headings, notes and examples forming part of the Statutory Rule (Endnotes, section 1, "INTERPRETATION OF LEGISLATION ACT 1984 (ILA)" and following paragraphs). This means the format and notes in the Schedule are legally part of the Statutory Rule under the ILA interpretation provisions.

Operational interactions and potential friction points:

The Regulations reference but do not replicate substantive statutory rules. Practitioners must consult the Fences Act for substantive determinations (e.g., what is a sufficient dividing fence under s 6, tenant liability under s 10, rails/framing under s 32, boundary and survey processes under Division 3 of Part 3). The forms assume those Act rules will guide disputes but standardise the preliminary documentary step.
For projects that cross into building works, both building approvals (Building Act 1993) and fencing notice procedures may be relevant: the Regulations explicitly tell users that building works are not fencing works and are governed by other regimes (Form 1 cl 18). This can create sequencing and compliance issues where demolition or structural boundary works must be coordinated with fencing works and the Act’s notice/court processes.
For leased premises, urgent repair rules under tenancy law will affect who may carry out urgent fencing repairs and the procedural obligations; Form 6 cross‑references those Acts and lease provisions (Form 6 Note 5).

In sum, the Regulations are not a freestanding code; they are a procedural bridge between parties and the substantive law in the Fences Act and other statutes governing building, tenancy and leasing. They make explicit which parts of those regimes remain in force and where actors must look for substantive rules.

The Regulations contain a succinct amendment and provenance record in the body and endnotes:

The instrument revokes the Fences Regulations 2014 (reg 4). The endnote confirms the 2014 rules were S.R. No. 122/2014 (Endnotes, 3 Explanatory details, cl 1).
The Regulations were made on 10 September 2024 by the Governor in Council under section 38 of the Fences Act 1968 and came into operation on 15 September 2024 (reg 3; Endnotes, General information). The instrument is labelled Version No. 001 and the version date is "Version as at 15 September 2024" (Title page and header).
The Regulations will sunset 10 years after making on 10 September 2034 under section 5 of the Subordinate Legislation Act 1994, as noted in the Endnotes (Endnotes, General information).
The Table of Amendments in the Endnotes states there have been no amendments made to the Fences Regulations 2024 by statutory rules, subordinate instruments, or Acts as of the version included (Endnotes, 2 Table of Amendments).
The Explanatory details note specifically that Reg 4 revokes S.R. No. 122/2014 and provides a cross‑reference (Endnotes, 3 Explanatory details, cl 1).

Because the Regulations are freshly made and the Endnotes indicate no subsequent amendments, the current text stands as the initial and sole version (Version No. 001). The sunset provision in the Subordinate Legislation Act means the Regulations will cease to have effect on the specified date unless saved or re‑made in accordance with subordinate legislation procedures.

For practitioners tracking instrument evolution, the instrument incorporates interpretative material from the Interpretation of Legislation Act 1984 in the Endnotes that explains the legal status of headings, notes, punctuation and examples in the Statutory Rule; those interpretative rules can affect how the forms and notes are read in later disputes (Endnotes, INTERPRETATION OF LEGISLATION ACT 1984 (ILA) and subsequent paragraphs).

The Regulations themselves do not include or reference any judicial decisions, and the Endnotes contain no case citations or litigation history. The source document records neither past litigation concerning these new forms nor any decisions interpreting them. Therefore, as of this instrument:

There are no cases reported or cited in the Regulations or Schedule that interpret or apply the prescribed forms.
The Regulations repeatedly point disputes to the Magistrates' Court under the Fences Act and mention the sorts of orders the Court may make, but the Regulations do not report judicial determinations or a body of case law interpreting these precise forms or their procedural effects (Forms 1-6).
The prior Fences Regulations 2014 are revoked, but the instrument does not recount any litigation about the 2014 Regulations or whether any court decisions have influenced the drafting of these forms.

Implications for lawyers and litigators

Absence of litigation on the new forms means there is no controlling judicial gloss yet on how strictly courts will treat the "strike out" conventions, the sufficiency of attached quotes/receipts, or the particular wording used in the prescribed forms.
Where questions arise about procedure or form sufficiency, parties will rely on the underlying Fences Act and the Magistrates' Court practice and evidence rules. The forms will function as documentary evidence in court proceedings, but litigators should be prepared to argue about whether a form was validly completed and served, whether statutory notice requirements under the Act were met, and whether the 30‑day timelines were correctly applied.
Practitioners should monitor Magistrates' Court decisions following the Regulations’ commencement for emerging interpretative guidance on form compliance, the evidentiary weight of the forms and ancillary documents (quotes/receipts), and how courts reconcile urgent fencing notices with tenancy or retail lease urgent repair regimes.

Since the Regulations do not themselves create case law, the immediate litigation history is empty; subsequent cases brought under the Fences Act and referring to these prescribed forms will generate the first interpretative decisions.

The prescribed forms are detailed but include drafting and procedural traps that can create practical and legal risk if not handled carefully. The Regulations embed several small but consequential mechanics; a list of notable "gotchas" drawn directly from the text follows:

Strict form compliance. The Regulations prescribe precise forms for particular statutory circumstances (regs 6-11). Using non‑prescribed wording or omitting required fields may lead to avoidable procedural objections in Magistrates' Court. The forms instruct striking out options that do not apply; failing to strike out can create ambiguity about what is proposed (Forms 1 and 6).
30‑day response risk. The forms repeatedly hinge rights on a 30‑day response window from the day the fencing notice was given (Forms 1-6). If the adjoining owner or long‑term tenant responds within 30 days but does not agree to one or more matters, the notifying owner "cannot proceed" without agreement or Court order (Form 1 Important information cl 7). A notifying owner who proceeds while a timely disagreement exists risks being unable to rely on the non‑response rule to recover costs and may face counterclaims.
Non‑response vs disagreement. The practical consequence differs depending on whether the recipient does not respond at all (notifying owner may proceed and seek recovery) or responds but disagrees (notifying owner cannot proceed without resolution). This transactional distinction is repeated across Forms and is easy to misapply in practice if dates and methods of service are not carefully recorded.
Long‑term tenant liabilities but limited voting power. Forms 2-3 set out that long‑term tenants are liable to contribute depending on lease length, but they also state the long‑term tenant's agreement is not required for any matter relating to the common boundary or line of fence (Forms 2-3). This creates an uneven set of rights: a tenant may be required to pay for a notified proposal yet cannot veto boundary line matters. Practitioners should confirm the tenant’s lease terms and statutory definitions in s 10 of the Act before relying on the forms.
Urgent works documentation requirements. For urgent fencing works, the urgent fencing notice (Form 6) requires specific reasons for urgency and attaches a receipt for costs. Failure to document urgency credibly or to attach a receipt may undermine a later claim for contributions in Court or complicate interaction with tenancy or retail lease urgent repair rules.
Intersection with building approvals. The forms explicitly state building and protection works may not be fencing works and are governed by the Building Act 1993 (Form 1 cl 18). If demolition or structural work occurs on a boundary, actors must consider building approvals and potential compliance obligations outside the Fences Act. Overlooking building approvals can delay projects and expose parties to enforcement under the Building Act.
Rails and framing default rules. The forms invite parties to record which side rails and framing are to be placed (Forms 1 and 6). If parties do not specify or agree, default rules in the Fences Act (s 32) apply. The forms set out examples (between residential/commercial and public access), but where the facts do not fit neatly into the examples, choices about rails and framing may create disputes over maintenance obligations or future repairs.
Quotes and receipts as evidence. The forms require attaching quotes for estimates and receipts for urgent works (Form 1 cl 10; Form 6 cl 9). These attachments are likely to be crucial evidence in Magistrates' Court. A sloppy, unsigned, or undated quote could be challenged. The forms say "if the estimate is based on a quote, a copy of the quote is attached" , that attachment becomes part of the notice record.
Adverse possession warning. Form 1 Other important information cl 17 warns that unless impracticable, a dividing fence must be built on the common boundary or "claims of adverse possession may arise" as detailed in s 30E of the Act. This is a practical land risk that depends on accurate boundary placement and the timeliness of works; practitioners should ensure boundary lines are correctly identified and, where contested, follow Division 3 of Part 3 processes (Form 1 cl 16).
Multiple notices and overlapping obligations. The forms envisage multiple possible permutations: notifying owner gives fencing notice (Form 1) and separately must notify long‑term tenant (Form 2) and may receive notice of long‑term tenant from adjoining owner (Form 4). Ensuring all required notices have been given to all potentially liable parties is operationally complex and can create disputes about whether the proper notice sequence was followed.
Confusion between fencing and subsidiary works. The forms list many subsidiary works (surveying, clearing, temporary barriers). Some parties may treat subsidiary works as minor and proceed without full agreement. The Forms state subsidiary works require agreement unless urgent; proceeding without agreement may produce the same procedural consequences as improperly proceeding with fencing works.

These gotchas are not hypothetical policy critiques; they are concrete procedural and evidentiary traps embedded in the forms and explanatory notes. The forms were designed to be used as evidence and to trigger specific procedural rules, so small errors in completion, service or attachment can have outsized consequences in later enforcement or recovery proceedings.

This section sets out a step‑by‑step operational checklist based on the Regulations and prescribed forms. It is process‑focussed and relies solely on the text of the Regulations and Schedule.

Identify the correct form to use
- If you are giving a fencing notice under s 13(5) of the Act, use Form 1 (reg 6; Schedule 1 Form 1).
- If you are notifying a long‑term tenant because you gave a fencing notice, use Form 2 (reg 7; Schedule 1 Form 2).
- If you are an adjoining owner notifying a long‑term tenant after receiving a fencing notice, use Form 3 (reg 8; Schedule 1 Form 3).
- If you are notifying an adjoining owner that a long‑term tenant exists on your land, use Form 4 (reg 9; Schedule 1 Form 4).
- If you are an adjoining owner notifying the notifying owner that a long‑term tenant exists on your land, use Form 5 (reg 10; Schedule 1 Form 5).
- If urgent fencing works were carried out because it was impracticable to give a fencing notice, use Form 6 (reg 11; Schedule 1 Form 6).
Complete required fields fully and accurately
- Provide date, full names, postal addresses, telephone numbers and email addresses where available (all forms).
- For Form 1 and Form 6, describe with particularity the land addresses for each property and the proposed line of the dividing fence (Form 1 cl 1-3; Form 6 cl 1-5).
- For works, select and describe the precise types of fencing works and all subsidiary works proposed (Form 1 cl 4; Form 6 cl 4).
- For new construction or replacement, specify the proposed height, materials and which side rails and framing will be placed (Form 1 cl 6-8; Form 6 cl 6-8).
Attach supporting documents as required
- If the cost estimate is based on a quote, attach a copy of the quote (Form 1 cl 10).
- For urgent fencing works, attach a receipt for the works performed (Form 6 cl 9).
- Where you nominate a contractor or surveyor, include their contact details so the recipient can confirm the estimate or scope (Form 1 cl 11).
Use the strike‑out conventions and avoid ambiguity
- Where the forms instruct "strike out if no subsidiary works are proposed" or analogous instructions, ensure inapplicable items are deleted so the final document reflects only the applicable options (Forms 1 and 6).
- Where the forms require completing "one option only" or "more than one option", follow those instructions exactly to avoid ambiguous proposals (Forms 1 and 6).
Serve notices properly and contemporaneously
- Ensure delivery to the correct recipient (adjoining owner, notifying owner or long‑term tenant) and record the date of service. The forms repeatedly make the 30‑day period run "from the day this fencing notice is given" or similar phrasing (Forms 1-6). Maintain proof of delivery or service to substantiate whether the 30‑day window has expired.
- For notices involving a long‑term tenant, attach a copy of the fencing notice as required (Forms 2-3).
Observe the 30‑day response window
- If the recipient does not respond within 30 days, the notifying owner may proceed with the proposed fencing works and may later commence proceedings in the Magistrates' Court to recover contributions (Form 1 cl 9 and Important information cl 9).
- If the recipient responds within 30 days but does not agree to one or more matters, the notifying owner should not proceed with works on those matters without agreement or a Magistrates' Court order (Form 1 Important information cl 7).
- Carefully record any response, dates and content because a timely disagreement blocks proceeding without resolution.
Where urgent works are undertaken
- If works were urgent and it was impracticable to give a fencing notice, complete Form 6 and document reasons for urgency (Form 6 cl 2-3).
- Attach receipts and provide a proposed cost apportionment; be aware that the non‑responding party has 30 days to contest (Form 6 cl 9 and Important information cl 3-4).
- Check tenancy or lease rules regarding urgent repairs under the Residential Tenancies Act 1997 or the Retail Leases Act 2003 where those apply (Form 6 Note 5).
Consider boundary and surveying issues before commencing works
- If the common boundary is not agreed, follow the process in Division 3 of Part 3 of the Act, which includes giving a boundary notice and engaging a licensed surveyor; the forms point parties to that process (Form 1 Other important information cl 16).
- Building works or structures on the boundary may require building approvals and engagement with the Building Act 1993, so obtain any required approvals before demolition or structural works (Form 1 Other important information cl 18).
Dispute resolution and court proceedings
- If negotiations fail, consider referring the matter to the Dispute Settlement Centre of Victoria before commencing court proceedings as suggested in the forms (Form 1 cl 10).
- If seeking orders or recovery, prepare for Magistrates' Court proceedings: attach the completed form(s), quotes/receipts, proof of service, and any other documentary evidence required to support claims for cost contributions or orders about the line or nature of the fence (Forms 1-6).
Keep precise evidence and small‑print compliance

Keep signed copies of all forms, attachments and service records. The forms themselves may be admitted as evidence. Missing attachments, unsigned quotes, or undated receipts may weaken claims.
Ensure the correctness of percentage allocations and calculations in cl 10 of Form 1 and the equivalent portions of Forms 2-3 and Form 6. If proposing contributions other than equal proportions, give written reasons (Form 1 cl 10; Form 6).

Monitor the regulatory timetable

The Regulations came into operation on 15 September 2024 and will sunset on 10 September 2034 unless re‑made (reg 3; Endnotes). Practitioners should monitor any future amendments or replacement instruments and consult the Fences Act for substantive law.

By following the above procedural checklist, a notifying owner, adjoining owner or long‑term tenant will meet the mechanical requirements the Regulations impose. Because the Regulations do not alter substantive rights under the Fences Act, compliance involves both completing the prescribed form accurately and ensuring the substantive legal steps , boundary definition, building permits, tenancy obligations , have been attended to in parallel.

Fences Regulations 2024

Plain English Summary

Deep Dive

What it does

Current sections

Fences Regulations 2024

Source text: opening excerpt

1 Fences Regulations 2024

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