Build or replace a side or rear fence

Are you replacing or building an entire side or rear fence, or repairing a small piece of fencing material to keep the structure in good condition?

For example, replacing some damaged palings is considered routine repair and maintenance.

However, if you are replacing any structural elements of the fence, such as posts or footings, then you may need a Building Permit.

Is the work routine repair or maintenance?

• If yes, you do not need to apply for a permit. You can go ahead and repair your fence.
• If no, go to the next step.
   

Check your property on the VicPlan website to see if it has planning conditions (overlays), such as a:

• Heritage Overlay
• Environmental Significance Overlay
• Significant Landscape Overlay.

Heritage Overlay

You need a Planning Permit if the side fence is visible from a public park or street (not an unnamed alley or laneway).

If the property is on the Victorian Heritage Register you may also need approval from Heritage Victoria for any buildings and works. Contact Heritage Victoria for advice on how to apply for approval.

Environmental Significance Overlay

You need a Planning Permit unless the fence is post and wire or post and rail. That’s because these types of fences do not obscure the view.

Significant Landscape Overlay

If the fence will be within 30 m of the banks of the Yarra River, or next to a public open space, you need a Planning Permit unless the fence is:

• no higher than 1.4 m at any point above ground level and
• built with timber post and rail, timber post and wire or metal post and wire.

Do you have any conditions that need a Planning Permit?

• If yes, apply for a Planning Permit then go to the next step.
• If no, go to the next step.

You may need a Building Permit depending on the height and location of the fence.

If the fence will be between 2 properties

You need a Building Permit if the fence will be more than 2 m when measured from natural ground level to the top, including any fence extensions such as lattice or screening.

Fencing between two properties that is less than 2m in height is generally a private matter between the property owners concerned. See our Disputes over side fences page for information on how to contact a shared fence owner or resolve disputes over jointly owned fences.

If the fence will be next to a street or laneway

You need a Building Permit if either of these statements apply.

• The fence will be built on a corner property and located within 9 m of the side and rear boundaries, including laneways, and is more than 1 m above footpath level (see Section 1 in diagram below).
• The remaining fence will be built within 3 m of the side or rear boundary (see Section 2 in diagram below), is next to a street or road (not a laneway, footway, alley or right of way) and
  • built of masonry (bricks, stone, concrete etc) and will be more than 1.2 m above natural ground level or
  • not built of masonry (timber or metal etc) and will be more than 1.5 m above natural ground level.

Does the fence have any criteria that need a Building Permit?

•    If yes, apply for a Building Permit then go to the next step 
•    If no, go to the next step

You need a Building Permit if the fence forms part of:

• a swimming pool or spa safety barrier
• an outdoor play space for a children’s service (for a definition of children's service refer to the Children's Act 1996).

Is the function of the fence any of the above?

•    If yes, apply for a Building Permit then go to the next step 
•    If no, go to Step 6.

If you needed a Building Permit in previous steps, ask your Building Surveyor whether you need to make a Report and Consent application.  

You can also contact Council’s Building Services team for advice.

Do you need to make a Report and Consent Application?

• If yes, make a Report and Consent Application then go to the next step.
• If no, go to the next step. 

You may need other permits, depending on your situation.

If you need to:

• remove, prune or do works within 2 m of a canopy or significant tree during your fence works, apply for a Tree Works Permit 
• store equipment on a road, footpath or nature strip, apply for a Road or Footpath Occupancy Permit. 

If your works could impact:

• driveway access to your property, apply for a Vehicle Crossing Permit 
• public assets, such as roads, footpath or nature strip, apply for an Asset Protection Permit.

You can begin construction:

• after all your permits or permissions have been issued
• if your situation does not require any permits or permissions.