Fences

Corner properties have extra requirements for front and side fences.

Fences can only be up to

• 1 m high within 9 m of the point of intersection
• 1.5 m on the front boundary
• 2 m on the side boundary

To apply for a building permit for a corner fence, you will need to provide us with the following:

• Adjoining Owners Comment Form for Maximum Boundary Wall Length and Height if the fence is greater than 1.5 m high
• Corner Fence Dispensation Application Form
• Application for a Building Permit
• Architectural Plans
• Copy of Certificate of Title

Further information is on the Fact Sheet Corner and Front Fences and Application Fence Checklist.

If you wish to build a front fence on your property you must first decide what materials you will use as this affects the regulation height of your fence.

You will require a Building Permit to build the following types of fence

• Colorbond and timber front fence higher than 1.5 m
• Brick front fence higher than 1.2 m

Further information is on the Fact Sheet for Corner and Front Fences. 

To apply for a Building Permit, you will need to provide us with the following:

• Maximum boundary wall length and height if the fence is greater than 1.5 m high
• Application for a Building Permit form
• Architectural plans - view the Example Plan of a Front Fence
• Copy of Certificate of Title

For more information view the Application Checklist New Fence and Fencing Legislative Requirements.

If you have an easement at the front of your property, you will need to complete the Application to Build Over Easement.

It is the owners and/or applicants responsibility to ensure that any fence complies with any other restrictions or requirements outside the scope of the Building Act.  Council's Building Services is not responsible in this matter.

This may include covenants or section 173 Agreements on the property title not regulated by Council's Building Services.  It is the owner’s responsibility to comply in this matter and to obtain any consent and endorsement from any Design Review Panel/Committee such as in the Sandhurst, Sandara, Pindara and other Estates.

Obtain a copy of your current title, registered plan of subdivision, any covenants, section 173 Agreements from the Titles Office.

Also obtain any relevant endorsed Planning Permit Plans, Planning Permit and conditions.  Also note that sometimes the Planning Scheme regulates fence style, height and if it is allowed due to being within a specific Overlay such as Flooding, Land subject to inundation, Significant Landscape Overlay etc.

To find out further information on whether a Planning Permit is also required please contact Council’s Planning Department.

Contact Frankston City Council on 1300 322 322 to report dangerous fences.

This may include a front fence or side fence facing a street, road or public space that is structurally unsound.

Any dilapidated or unsound common/dividing fence between properties that bounds and forms part of a swimming pool/spa is also considered an immediate danger that must be reported.

Council's Building Services will investigate common/dividing boundary fences relating to the following issues only:

• A fence considered by Building Services to be a danger to the public or occupants (this generally does not relate to a standard lightweight construction timber or Colorbond fence unless it forms part of a swimming pool/spa enclosure)
• Dangerous, dilapidated or illegal common/dividing boundary fences forming part of a swimming pool/spa enclosure
• Illegal fence built without a Building Permit

Side fences can be up to 1.5 m high within the first 3 m of your front property boundary, and increase to 2 m from that first point onwards without a Building Permit. 

You will require a building permit for any fences higher than these limits, and whenever it is proposed to vary from the building regulations through the Report and Consent Approval process.

If the dividing/common boundary fence also acts as part of enclosure of a spa or swimming pool, a Building Permit is required regardless of height.  View the 'Pools and Spas page'.

Common/Dividing boundary fences are generally governed under the Fencing Act and are a civil issue. Council's Building Services has no jurisdiction on matters relating to a common fence where a Building Permit is not required.

Please obtain further information, Notice to Fence and any Disputes by contacting the Disputes Settlement Centre of Victoria, phone 1800 658 528; Law Institute of Victoria, phone (03) 9607 9311 or view Fencing Online for assistance. 

These issues are a civil matter dealt with the owners under the Fencing Act, which is not a Council matter. 

The following may be able to assist:

• Dispute Settlement Centre 03 9603 8370
• Department of Justice
• Fencing Online
• Law Institute of Victoria 03 9607 9311

Council's Rates Department can assist in fence matters by providing the name and mailing address of neighbouring property owners in writing in regard to Notice to Fence.  To obtain these details, complete and submit the Request for Property Owner Details for Fencing Purposes form.

The information we provide can only be used for fencing matters stated on the application form.  No other personal information will be provided about the neighbour.

Frankston City Council recognises that the maintenance of boundary fencing between Council property and privately owned property is important with respect to visual appearance and safety to reserve users and adjoining property owners. Council is required to act in accordance with its legal obligation as outlined in the Fences Act 1968- No. 7733, Fences Amendment Act 2014 and the Road Management Act 2004.

The Fences Act 2014 defines responsibilities for dividing fences built to separate two pieces of adjoining land, including who pays for a dividing fence. Property owners often have the expectation that Council will contribute towards cost of replacing shared dividing fences, however this is often not the case.

The Act exempts contributions for particular types of Crown land and states where a municipal council manages a public reserve or park then they are not considered to be an “owner” and subsequently are not required to share the cost of a dividing fence between that land and privately owned land.

However, as custodian of many reserves throughout the municipality, Council identifies there are circumstances where it is fair and equitable to share the cost of fencing where private property abuts council managed land.

How to Apply:

• Shared Cost Fencing Program - Application Guide(PDF, 108KB)
• Shared Cost Fencing Program - Facts Sheet(PDF, 383KB)
• Parks Crossing Permit Application Form(PDF, 303KB)
• Parks Crossing Permit