Fences and Boundaries

If you want to build a fence between your property and the neighbour's, you don't need to argue about how it should be done and who will pay. The Fencing Act 1978 sets out everybody's rights and obligations.

There are a number of things to consider:

• Where on the property you want to put the fence
• How high you want it

Disputes about fences

Council has no jurisdiction over disputes relating to a boundary fence, unless it is dangerous.

Disputes regarding the location of boundaries/whether fences are in the correct place are a civil matter. You can find out more about it from the Consumer NZ website.

The only way to determine exactly where the boundary is located is to get a surveyor involved.

A court can deal with all disputes concerning a fence, such as its type and cost, but it is better to reach an agreement if you can. A lawyer can advise you of your rights and obligations in relation to the details of the Fencing Act.

When the argument is over fences, boundaries or encroachments, the Fencing Act 1978 or the Property Law Act 2007 applies.

Building consent

With regard to a building consent, the height limit is 2.5m before a consent is required.

The 2.5m height limit should be measured as the vertical distance between the top of the fence and the supporting ground directly below.

A fence must comply with the building code even if a building consent is not required. 9.1 Fences and hoardings | Building Performance

Please note, this guidance is focused on boundary fences. Fences to swimming pools require building consent.

Resource consent

The District Plan permits a height of 2.0m for a fence in the residential zone.

A fence higher than 2.0m is deemed a building and therefore is required to meet the rules relevant to buildings, and you would most likely need a resource consent.

For more detailed information please see the Grey District Plan.