Do You Need Council Approval?
Council approval is required to build any kind of fence which is;
- Higher than 2.1 metres
- A masonry fence higher than 1 metre; or
- A fence over 1 metre in height within 6 metres of a road intersection (except where a 4 x 4 metre corner cut off has been provided). Refer to comments on ‘corner fencing’ below.
The height of the fence is measured from the lowest side.
Some areas have encumbrances that have specific construction obligations for owners. Please check your certificate of title in case your property has an encumbrance. Encumbrances are usually administered by a developer of a housing estate.
Council approval is not required if extending the height of the fence using material such as iron or trellis and the total height of fence and extension does not exceed 2.1 metres, and the fence is not within 6 metres of a street corner.
Corner fencing (i.e. fencing on the corner of two street boundaries) will require Development Approval from Council unless the fence is less than 1 metre in height, within 6 metres of the intersection, or where the corner cut-off measures 4 x 4 metres (see the image below).
Fence disputes between neighbours are a civil matter.
Council does not have any jurisdiction to determine who pays for the fence or whether the fence boundary is located correctly on the boundary.
The Legal Services Commission of South Australia is best placed to provide advice on processes under the 'Fences Act' and other legal requirements.
Legal Services Commission of South Australia
82-98 Wakefield Street
ADELAIDE SA 5000
Phone: (08) 8463 3555
Telephone Advice Line: 1300 366 424
Legal Services Commission website
Please note that the information above is intended as a guide only. Further clarification of these matters can be obtained from Development Services by phone: (08) 8406 8222 or email Development Services.
Lodge a Development Application
If you wish to proceed to lodge a development application please go to the SA Planning Portal.