If you are building a fence, find out the key facts about the property and if you require planning approval.
Building and planning approvals are not generally needed for a proposed front, side or rear boundary fence if it is:
- associated with a dwelling house (or other residential use)
- less than two metres high
- not associated with a swimming pool (swimming pool fences have their own requirements)
- not part of a retaining wall
- not restricting water run-off from adjoining properties.
If your proposed fence does not meet these general requirements, phone Council on 07 3403 8888 for advice.
Constraints are restrictions placed on a property. Check the key facts about the property to see if there are any constraints. If there are constraints, phone Council on 07 3403 8888 for advice specific to your situation.
As a guideline, you will need to contact Council for advice if your fence is part of a proposal to:
- build a new dwelling house on a small lot
- build a multiple dwelling (units or apartments) or dual occupancy
- build a new dwelling house
- renovate an existing dwelling house, multiple dwelling or dual occupancy on a site within a neighbourhood plan area or overlay area.
Building Regulation 2006 advises building approval is not required if the fence is no higher than two metres above the fence's natural ground surface.
You will require building approval for:
- a regulated pool fence; or
- if it is greater than two metres above the fence's natural ground surface.
You are responsible for ensuring the work complies with applicable standards. This includes structural sufficiency, size limits, fire separation and boundary setbacks. These are outlined in the following laws (building assessment provisions):
- the Building Act 1975, chapters 3 and 4
- any local law or local planning instrument the Building Act 1975 allows to apply to the assessment
- the Queensland Development Code
- the Building Code of Australia.
Council recommends you obtain advice from a licensed private building certifier or contractor to check if your project complies with building assessment provisions.
You will need to have your project assessed and approved by a licensed private building certifier if it does not meet all the above requirements. The Yellow Pages lists certifiers under 'building surveyors'. You must provide scaled and detailed plans prepared by a draftsperson or architect.
The Queensland Government regulates fencing, including how to resolve disputes between neighbours.
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 deals with constructing and repairing fences that divide adjoining land. It aims to help you obtain a monetary contribution from your neighbour. Instructions include how to resolve any disputes.
The Queensland Government has guides to avoiding, resolving and mediating tree and fence disputes.