The Fences Act and Your Strata Group

Shared Fences and the Fences Act

Fences are one of the most common sources of friction between neighbours — and one of the most regulated. In South Australia, the Fences Act 1975 sets out exactly how owners are meant to deal with each other when a boundary fence needs to be built, replaced, or repaired. For strata and community titled groups, the rules apply in a slightly different way depending on what kind of title you have.

Which Fences Belong to Whom?

Strata Corporations

Under Section 5 of the Strata Titles Act, the corporation owns all the fences within the group — including fences between units and any internal gates. The Fences Act only comes into play for fences on the external boundary of the strata group, where the corporation is dealing with a neighbour outside the scheme.

Community Corporations — Lot Beside Lot

In a Primary Community Plan (where each lot sits side by side on its own land), the fences between lots and the fences on the external boundary of each lot are the responsibility of the individual lot owners. All other fences — typically those around shared common property — are the corporation's responsibility. In practice this means the Fences Act applies to most fence works in a community corporation, because most fences sit on a boundary between two owners.

Community Corporations — Strata Division

Where one lot sits above another (a Community Strata Plan), fences are treated the same way as in a strata title group. The corporation owns the fences between units and the fences on the external boundary of the group. For the broader picture on which type of title applies to your property, see Unit Titles Explained.

Notice Requirements: Forms 1, 2, and 3

If you (or your corporation) want a neighbour to contribute to fencing work, you have to follow the formal notice procedure under the Fences Act. Skipping these steps means the neighbour isn't legally bound to pay anything — even if the work clearly needs doing.

Form 1 — Notice of Intention to Erect a Fence

Use Form 1 when you want to put up a brand new fence on a shared boundary and want the neighbour to contribute to the cost.

Form 2 — Notice of Intention to Replace or Repair a Fence

Use Form 2 when an existing fence needs to be replaced or repaired and you want the neighbour to contribute.

Form 3 — Cross Notice

Form 3 is used by the receiving neighbour to object to a Form 1 or Form 2 proposal, or to put forward a counter-proposal.

How to Serve a Notice Properly

This is the part that catches most people out. A notice has to be served in one of two specific ways:

• Handed personally to the adjoining owner, or
• Sent to them by Registered Post

None of the following count, even if the neighbour actually receives the notice:

• Leaving it in the letterbox
• Sliding it under the door
• Sending it by ordinary post
• Giving it to a tenant, family member, or anyone else at the address

If you're not sure who the legal owner of the neighbouring property is, your local Council can help — or you can do a search at the Lands Titles Office. Where there is more than one registered owner, serve a notice on each of them.

Always keep a copy of any notice you serve, along with the date, time, and method of service. If the matter ends up in court, that record is what proves you followed the procedure.

The 30-Day Waiting Period

Once you've served the notice, you must wait 30 days before starting any work. During that period, the receiving owner can either:

• Sign your proposal and agree to proceed straight away
• Serve a Form 3 cross-notice with objections or counter-proposals
• Do nothing — in which case they're treated as having agreed after 30 days

If you sent the notice by Registered Post, check with the post office to find out when the neighbour actually collected it. The 30 days runs from the date of collection, not the date of posting. It's also good practice to give at least two days' notice of the day work will start.

Objections and Counter-Proposals

If you receive a Form 1 or Form 2 and you object, complete a Form 3 cross-notice and serve it on the other owner within 30 days. The same service rules apply (in person or Registered Post). You don't have to give reasons — a simple "I object to your proposal" is legally sufficient — but if the matter ever goes to court, the court will want to hear what your objections actually are. So if you have reasonable grounds, set them out in writing.

Reasons the Court Will Not Accept

The court has consistently rejected the following objections:

• "I'm about to sell" — as long as you're the registered owner when the notice is served, the procedure binds you.
• "I don't live there" — ownership, not occupation, is what matters.
• "I can't afford it" — particularly if the fence is in poor condition. The court may suggest a payment arrangement, but it won't dismiss the work.
• "I don't care about the fence" — boundary fences in good repair are considered reasonable in almost every neighbourhood.

Talk First, Serve Second

The Fences Act procedure is the formal fallback, not the first step. Most fence disputes are far easier to resolve over a conversation than through a stack of paperwork. Have a chat with the neighbour, agree on the scope and the cost-share, and put the agreement in writing. The formal notice process is there for when that conversation doesn't work — not as a replacement for it. If the conversation breaks down, the principles in our guide to resolving disputes may also help.

Where to Get the Forms and More Information

The Legal Services Commission of South Australia publishes a free booklet on the Fences Act, including all of the forms and step-by-step guidance, at lsc.sa.gov.au.

Get in Touch

If you're a Management Committee member dealing with a shared boundary issue and you'd like to talk through the process, we're happy to help. Acacia Collective manages strata and community title groups across South Australia.

Call us on 1300 792 255 or email hello@acaciacollective.com.au.