Fencing Agreement QLD: Everything You Need to Know
A fencing agreement is a legal document that outlines the responsibilities of property owners when it comes to the installation, maintenance, and repair of their shared boundary fence. In QLD, there are specific laws and guidelines that govern fencing agreements, which property owners must abide by.
If you are a property owner in QLD looking to erect or repair a shared boundary fence, it is important to understand your rights and obligations under the law. In this article, we will provide you with a comprehensive guide to fencing agreements in QLD.
What are the Different Types of Fencing Agreements?
There are two main types of fencing agreements in QLD:
1. Boundary Fencing Agreements
A boundary fencing agreement is a legal document that outlines the responsibilities of two adjoining property owners when it comes to the construction, maintenance, and repair of their shared boundary fence. The agreement must be signed by both parties and is legally binding.
2. Neighbourhood Dispute Resolution Orders
A Neighbourhood Dispute Resolution Order (NDRO) is a legal document issued by the Queensland Civil and Administrative Tribunal (QCAT) to resolve disputes between neighbouring property owners regarding fence disputes.
A NDRO can be issued if one party refuses to sign a boundary fencing agreement, or if there is a disagreement about the cost or design of the fence. The order outlines the responsibilities of each property owner and how the fence will be constructed or repaired.
What are the Legal Requirements for Fencing Agreements in QLD?
Under the QLD Fencing Act 1975, there are specific legal requirements that must be met when it comes to fencing agreements. These include:
1. Fence Ownership
The responsibility for fence ownership is generally shared between adjoining property owners. If the fence is built on the boundary line, both parties are responsible for its construction and maintenance.
2. Fence Height
In QLD, the maximum height for a boundary fence is generally 2 meters. If you wish to build a fence higher than this, you must seek approval from your local council.
3. Fence Construction and Materials
The fence must be constructed using durable and appropriate materials. It must also be constructed to a reasonable standard, meaning it should be able to withstand normal wear and tear.
4. Cost Division
The cost of the fence should be shared equally between all parties involved, unless one party requests a variation due to financial hardship.
How to Resolve Fencing Disputes in QLD?
If you are unable to come to an agreement with your neighbour regarding a fencing dispute, you can take the matter to QCAT. QCAT can issue a NDRO outlining the responsibilities of each party and how the fence will be constructed or repaired.
If you are unsure about your rights and obligations under the QLD Fencing Act 1975, it is recommended that you seek legal advice. A qualified lawyer can help you understand the legal requirements and guide you through the process of resolving a fencing dispute.
In conclusion, a fencing agreement is a legal document that outlines the responsibilities of property owners when it comes to the installation, maintenance, and repair of their shared boundary fence. In QLD, there are specific legal requirements that must be met when it comes to fencing agreements, and property owners must abide by these laws to avoid disputes and legal action. If you are facing a fencing dispute in QLD, it is recommended that you seek legal advice and guidance to ensure a fair and equitable outcome for all parties involved.