Approval to build a fence
Property owners planning to build a fence of more than two metres in height must obtain a building development approval from a private building certifier, in addition to meeting the requirements under the Neighbourhood Disputes Resolution Act.
The private certifier will refer the application to Council for assessment against the Queensland Development Code.
The Queensland government has passed new laws regarding dividing fences. The Neighbourhood Disputes Resolution Act started on 1 November 2011 and provides ways for neighbours to resolve disputes about dividing fences.
The Act includes a wider definition of the term 'fence' and clearer definition of the term 'sufficient dividing fence'. Other general changes include:
- a single notice for contribution to fencing work form
- clarification that the ownership of a dividing fence on a common boundary is shared equally
- distinction between a retaining wall and a fence
- clearer rules for pastoral and agricultural fences.
Under the new Act, the Queensland Civil and Administrative Tribunal (QCAT) is named as the body that deals with these matters.
Visit the Department of Justice and Attorney General's website for information relating to dispute processes, forms to use, FAQs or to view a copy of the Act.
Driveway access from the road to private property is known as a vehicle crossover. The crossover is the part of a driveway that starts at the property boundary and extends to the road crossing over Council-controlled land.
Construction, maintenance, alteration and repair of a crossover is the responsibility of the property owner. This includes all pipes, kerbing and any other work undertaken as part of the construction.
Written approval from Council is required to construct, modify or alter a crossover. Basic maintenance and upkeep, such as repairing cracks or mowing the footpath does not require council approval.
There are two types of application for construction, modification or alteration of a crossover:
- Standard vehicle crossover. This type of crossover requires a self-assessable application [637KB]. There is a checklist to determine if the vehicle crossover meets the requirements for the approved standard. The application requires the signature of the property owner agreeing to the conditions. A response from Council should be received with 10 business days. There is no fee for this application.
- Non-standard vehicle crossover. This type of crossover requires an Operational Works application, DA Form 1 - Development Application Details. Fees are applicable. The applicant will be contacted within 10 business days.
Construction, modification or alteration of a vehicle crossover must not commence until approval has been received.