Do I have to contribute to the repair of the dividing fence if my land is vacant?
Written by Jessica Tait
Updated at January 17th, 2021
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Yes, subject to Part III Sections 14 and 15(3) of the Act. 32 Dividing fences - a guide The neighbouring property is owned by the Department of Housing and the fence is in need of repair, what should I do? State Government departments are not bound by the Act, however, you should contact your nearest Department of Housing office to discuss the repair or replacement options. Who is responsible for a retaining wall (whether on the boundary or close to the boundary) to prevent soil build-up from pushing over a fence? The Act does not deal with different soil levels between adjacent land owners. One owner may allow soil build-up and the other may excavate soil away from a fence. It is recommended you seek independent legal advice with respect to liabilities and obligations in these circumstances. Should soil levels be changed as a result of building or demolition work undertaken by one party under a building permit, then the ‘Work affecting other land’ provisions of the Building Act 2011 may apply.