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Fence Regulations and Laws

May 13, 2020by suzie

Auckland City Council Fence Laws and Regulations

 

Having a timber fence is very useful when you have children and pets and you want to keep them safe and have privacy.

If you are planning on installing a new fence or replacing an old one, there are a few things you need to know before you go ahead with organizing a contractor or builder.

The first thing you need to ask is “Do you need building consent?” If you plan on installing a fence that is over 2.5 meters or installing a swimming pool fence, you will need to obtain building consent from the Auckland council.

On top of this, you will want to check if you also need a resource consent for your fence. A good way to discover if you need any of these two consent forms, use the online tool questionnaire the Auckland council provides.

The second thing you will need to do is talk to your neighbour about building a fence, if the fence is being built on the boundary line. You will need to get written permission from the owner of the neighbouring house before you proceed with any of the plans. Remember it is your right to be able to build a fence on the boundary line, due to the Fencing Act 1978. So, if your neighbour refuses the build, you can issue them with a fence notice and they have 21 days to respond. For more information about fence notices go to comsumer.org.nz/articles/fencing-law .

Another thing to note is that normally neighbours split the bill of a boundary line fence 50/50, although each party involved has the right to disagree with any unreasonable aspect of the fence. Keep in mind that your nieghbour can reject paying for half the fence if the fence isn’t on their property. Legally they only have to pay for the price of an “adequate” fence, so if you want a more expensive fence you will have to pitch in more money.

If there is no resolution regarding the fence, the next step is to go to a dispute tribunal or a district court to come to an agreement or solution.

If you need more information about fence laws click here.

If you would like to get a quote to install a new timber fence email us on info@williamspropertyservices.co.nz

 

More useful Fence Law Links:

Building Consent

The Fencing Act of 1978

Dispute Resolver

Fencing Notice Outline

 

suzie

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