Planning Permits and Building Permits are completely different and separate areas.
Building Permits
Some fences will require a building permit. In general terms, the types of fences that will need a building permit are:
- fences which are more than 2 metres high;
- fences that involve a structural element (such as a retaining wall, or if the fence is brick); or
- pool fencing.
The above is not an exhaustive list, and we strongly recommend that you seek advice from a private building surveyor about whether a building permit is required for your fence.
You can also seek advice from your local Council, however if you do then make sure you are dealing with someone in building (as opposed to planning or local laws) as the areas are differently regulated and can cause confusion.
Building permits can only be issued by a building surveyor.
You can obtain more information from a private building surveyor (also called a “Relevant Building Surveyor” or “RBS“), or from the Municipal Building Surveyor (“MBS“) at your local Council.
Planning Permits
Most fences do not require a planning permit, however there are exceptions (e.g. properties within a heritage overlay will usually require a planning permit for fencing visible from the street). You can find out whether a planning permit is required by contacting the planning department of your local Council, or alternatively a town planner.
Planning permits can only be issued by by a planning Authority, which in most cases is the planning department of your local Council.
Consent from Neighbours
A fence is a form of jointly owned property. Irrespective of who may have put it up, or paid for it, once it is erected it is jointly owned and one person cannot remove it without the other’s consent.
To damage or remove the fence without the other’s consent can in some circumstances constitute a criminal offence, that can be prosecuted by Victoria Police.
A planning or building permit is not a substitute for an adjoining owner’s consent. If there is disagreement over a fence, the procedure to be followed is set out in Part 3 of the Fences Act 1968 (Vic), and involves serving a fencing notice, awaiting agreement, and if there is no agreement – suing in the Magistrates’ Court to have the matter determined.
FENCE POSITION
You should NEVER change the position or alignment of a fence without first getting legal advice.
Francke Lawyers are experienced advisers and are able to assist you with your queries.