Fencing Act

What you need to know

The Fencing Act 1978 sets out everybody's rights and responsibilities.

I want to build a fence between my neighbour's property and mine - who pays?

Generally, if you want to build a fence on a common boundary with a neighbour, or upgrade an existing fence, you and the owner of the neighbouring property must go halves on the bill.

What do I do first?

It's best to meet with the owner of the next door property to discuss the matter. Make your proposal realistic - neighbours can quite reasonably disagree about what is appropriate.

What if they won't co-operate? Can I just put up the fence and send them the bill?

No! There is a formal procedure that must be followed.

First, you must give your neighbour the details of your proposal in writing, this is called "serving notice".

The notice must state that it is served under the Fencing Act 1978, and must contain the following:

• names and addresses of both owners
• a description of the fence, where it will go, and how it will be built
• the estimated cost, how materials are to be purchased 
• start date of the work

The notice must also state that the neighbour has 21 days to object to any aspect of the proposal any make any counter proposals.

It must say that if the neighbour does not accept liability, you must be notified within 21 days the reason why and given the name and address of whoever the neighbour believes is liable.

The notice must also state that if the neighbour does not make communication within 21 days, they will be deemed to have agreed to the proposals and will have to share the cost.

You should sign and date the notice and keep a copy for yourself. You cannot start work during that 21 day period while you await a reply.

Can my neighbour refuse to pay?

In certain circumstances, yes.

If they don't own the property, or believe the existing fence is adequate, or think the proposal excessive, they can serve you with a cross-notice.

This cross-notice must reach you within 21 days, and should detail objections and any counter proposals.

It should state that it is served under the Fencing Act 1978 and that any persistent dispute in the matter should be sorted out by the courts, or Disputes Tribunal. The neighbour should sign and date this notice.

If I buy a home, can I be held responsible for the previous owner's fencing commitments?

No. If either party sells before all matters are dealt with, the arrangement lapses.