Get Tips For Brisbane Builders

By Truman Ugaitafa


What could be more irritating between neighbors and home builders all around Brisbane than problems over building, replacing or repairing of fences or walls between two or more properties?

The people in Brisbane may be covered by a law called the Dividing Fences Act, which protects its citizens regarding walls and fences. The local council also has laws and building codes that must be followed on a municipal level.

Not only does these local laws and codes include the height allowable for a fence and the wall that may be built, but also the impact allowed on the local environment, as well as the safety rules in creating a swimming pool.

Dividing fence in what is called the Queensland Dividing Fences Act is defined as : "separating the adjoining lands of different owners, whether the adjoining lands are wholly or only partly separated"

Based on the Brisbane Dividing Fences Act, a fence is: "a structure of posts and boards, palings, rails, galvanized iron, metal, or wire, or a wall, ditch, or embankment, or a combination of any of these, enclosing or bounding land, and includes any foundation, foundation wall, or support reasonably necessary for the support and maintenance of the fence, but does not include a wall which is part of a house or other building".

The predominant thing for home builders and homeowners at Brisbane is the Section 7 stated in the Queensland Dividing Fences Act which clearly specifies: 'owners of adjoining lands not divided by a sufficient fence shall be liable to join in or contribute to the construction of a dividing fence between such lands in equal proportions, whether the adjoining lands are to be wholly or only partly separated thereby'.

Many homeowners living in Brisbane are already mindful about this requirement as most problems among neighbors can easily be mended by opening lines of communication when all parties would eventually decide to share the cost, often dependent on the actual share between them.

Differences occur the moment one party proposes to replace the whole fence or utilize a material that is of low-quality, whereas the other property owner/s would only wish to repair the existing fence in the property or does not approve the use of the material that is proposed.

People in Brisbane could proceed to the Brisbane government's Dispute Resolution Centres if there are disputes. However, if the center is unable to solve the issue, they could go next to the Queensland Civil and Administrative Tribunal (QCAT), or the magistrates court based on the size of the claim.

Fencing problems and boundary to properties can easily be ironed out by simply talking out issues among neighbors or property owners. Filing a case against anyone involves hiring expensive lawyers, so, the best step to do if you are experiencing boundary disputes is to try and settle things among other property owners first. Brisbane house builders have to be untied in this.




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