Boundary Fencing Disputes on the Bellarine | Victoria’s Neighbours Fences Act Explained

Boundary fencing disputes on the Bellarine Peninsula follow the same legal framework as the rest of Victoria — the Fences Act 1984 (Vic) — but the practical context is often different. Larger rural-residential blocks, older boundary alignments that predate modern surveys, and the mix of long-term residents and newer estate homeowners creates disputes that don’t fit the standard suburban picture.

The Fences Act exists to provide a structured process for resolving disagreements between neighbours about fences. It doesn’t require you to like your neighbour or agree with them. It provides a minimum standard process for getting a fence built or repaired when you can’t otherwise reach agreement.

The important thing to understand: the Fences Act favours getting a fence built over getting it perfect. If your neighbour serves you with a valid fencing notice, you can’t simply refuse to participate. The mechanisms for refusing are narrow and specific.

How the Fencing Notice Process Works

Either neighbour can serve a fencing notice on the other. The notice must specify the fence work proposed, the estimated cost, which neighbour is proposing to do the work, and a response period — usually one month.

The notice must be served correctly — in writing, to the other owner’s last known address or the property address. If you’re dealing with a rental property, serve the notice on both the owner and the tenant. Disputes about whether a valid notice was served are common and can delay things significantly.

Once a valid notice is served, the other neighbour has the response period to respond. They can agree to the proposal, propose an alternative, or serve a counter-notice objecting to the work. If they object, they need to specify their reasons and can apply to the Victorian Civil and Administrative Tribunal (VCAT) if agreement cannot be reached.

The most common Bellarine-specific dispute trigger: one neighbour wanting a different fence type than the other. Classic scenario — one owner wants Colorbond for low maintenance, the other wants timber to match the existing street character. Both positions are understandable. The Fences Act process forces a resolution.

VCAT Applications: What Actually Happens

If neighbours cannot agree through the notice process, either party can apply to VCAT for an order. VCAT hearings for fencing disputes are relatively informal — they’re heard in the Minor Civil namespace, not the full tribunal process.

VCAT will consider: what the current fence condition is, what is being proposed, whether the proposal is reasonable, and what contribution each party should make to the cost. VCAT can order that a fence be built to a specific standard, allocate cost contributions between neighbours, and make orders about timing.

The practical reality: VCAT hearings cost money — filing fees plus any representation costs — take time to schedule, and the outcome is not guaranteed. Most fencing disputes at VCAT are resolved by agreement on the day, facilitated by the member. Going to a full hearing is the exception, not the rule.

Before applying to VCAT: explore whether agreement is possible through the notice process. Get your own quote from a fencing contractor to establish what the work actually costs. Approach the negotiation with a specific, priced proposal rather than a vague aspiration.

The Special Case of Rural-Residential Blocks on the Bellarine

Several areas on the Bellarine — parts of Drysdale, Portarlington, and the larger properties near the bay — have rural-residential blocks that do not fit the standard suburban fence dispute picture. These blocks often have longer boundaries, uneven topography, and boundary alignments that were set before modern survey standards.

If you are in a rural-residential context: the Fences Act still applies to the extent that you share a boundary with a neighbour, but the “reasonable fence” standard may be different. A standard 1.8m timber paling fence may not be appropriate for a property with livestock or rural character — VCAT will consider the actual use of the properties in determining what is reasonable.

For larger rural-residential properties: posts and rail fencing, or rural chain-link, may be more appropriate than a standard suburban fence. The cost and type should reflect the actual use of both properties.

Cost Sharing: The Basic Rule

The default position under the Fences Act: neighbours share the cost of an adequate fence equally. If one neighbour wants a premium fence above the adequate standard, that neighbour pays the additional cost above the adequate fence contribution.

The adequate fence standard is defined by regulation in Victoria — it was updated in 2024. For a standard suburban residential property, it means a timber paling fence not less than 1.5m high — or 1.8m in some areas with planning overlay requirements. For rural-residential or special circumstances, the adequate standard is what a reasonable person would consider adequate given the circumstances.

If you are claiming your neighbour should contribute more because you want a premium fence: document why the additional cost is necessary, get comparative quotes, and make the case early in the negotiation. VCAT will apply the adequate fence standard rigorously.

The other common scenario — one neighbour’s fence is in disrepair and the other refuses to contribute to replacement: serve a proper fencing notice, document the condition, get quotes, and if they do not respond or participate in the process, apply to VCAT. A neighbour’s refusal to engage with the process does not protect them from a VCAT order.