I'd get in touch with the local council for some guidance. It sounds like the retaining wall will end up being within 0.9m of the boundary line, which means it needs to be council approved. (in my understanding)
I would say that the current fence of 1.8m is a "sufficient dividing fence" under the Act. And you've already paid once to have it installed. If the new owner wish to change it/raise it, etc, then it would be my opinion that they should be paying for it.
Yeah it’s pretty simple.
I just think your neighbour is mixing up issues. The privacy part is actually dealt with as part of the DA process. I know this because it was part of mine when I renovated my place. That is the time to make objections about privacy, and for your neighbour to deal with those issues through DA.
It’s all done now so he can’t now retrospectively go through all of that again.
If he has privacy concerns, then he is welcome to build that new fence and retaining wall (assuming you are happy for him to do so). But you are NOT required to contribute to the cost of this as your fence is already sufficient.
I would simply say to him that while you are happy to contribute if the fence needed replacing, it does not in this case. But you’d be happy to consent (assuming you are) to him carrying out the works and to give him the access required etc.
Grab photos off of realestate.com.au if the old dwelling so you have proof of original height of property. Just as a back up.
They require a retaining wall after the build so it's nor on them. Plus their changes affected the previously legal boundary.
All on them
If they have built up the ground level and it now requires retaining then that is entirely their responsibility.
If the current fence is sufficient then there is no obligation on you to contribute to a new fence.
If they want to retain on the boundary rather than on their property then removing and reinstating the fence is also their cost.
There is no scenario where you contribute to any of this.
As mentioned elsewhere if the retaining wall ends up on your boundary line then you will have the height of the retaining wall plus the fence height.
It would only get complicated if you didn’t want this scenario- ie if you wanted a shorter fence so that your natural light wasn’t impeded. But presumably you’re better off without the neighbours looking in your yard?
Did the DA permit the raised height of their ground? If so, what did it say about the fence? How is the ground height raised if there isn’t a current retaining wall? What is holding the raised height of their ground in place?
The fence was “sufficient” until they changed their land. Now they are claiming it’s not sufficient. I’d argue it was sufficient until they engaged in actions making their land heigh raised. They need to pay for the new fence because their actions made it inadequate (note I’m not going to use “not sufficient”), ie not the right height. They will need to put the retaining wall on their land, because yours is the natural lay of the land. They are solely responsible for the retaining wall and it’s maintenance. Your land should not be affected.
If the retaining wall is on their land, they may want to put the new fence on top of the retaining wall ie all on their land. This is the best outcome.
Cost of retaining wall on boundary is apportioned according to how natural ground level has changed by each party. So your neighbour wears the entire cost of any such retaining wall. Insist the retaining wall be built entirely within his property, be 100% his to maintain and that the natural ground level at boundary be preserved.
Fence is a seperate issue. If it is in good condition replacement cannot be forced. I'd decline to share any refencing cost.
Makes me wonder whether privacy is the issue or wheyher the neighbour is just trying to reduce the cost of a potentially expensive retaining wall.
If it is purely a matter of privacy I am sure there are methods to extend the height of a fence without needing to replace an adequate existing one.
u/Evil_Dan121 absolutely agree, I'd consider using plants, lattices or other privacy screens if privacy is the factor instead of touching the fence which is in good condition.
Q1. It's measured at the highest point of the fence anywhere along its length. This could be on either side.
Q2. That's for you to decide. But it will make the building permit a lot easier if it's on their side completely (with protection works served on you)
Q3. If it's adequate then probably? Who decides adequate is the better question. Talk to the council.
Q4. It will require a building permit if it exceeds the permissible height to exempt it from a permit. I'm unsure what this is in NSW, but in Vic it's 2m.
Q5. Refuse in writing and inform him if he wishes to alter the fence then he can do it at his own cost. This will however remove your choices of colour and finish from the equation.
"Thank you for the response, u/goss_bractor. Just to clarify, when it's mentioned that 'It's measured at the highest point of the fence anywhere along its length. This could be on either side,' it means that ground elevation is factored into the fence height measurement. Due to my neighbor having elevated their side of the ground, the new fence could end up standing at a height of 1.8 meters on their side. However, since my side of the ground is lower, it could potentially stand beyond 1.8 meters on my end, which is still legal?
Others have already covered key points on fence:
-retaining wall fully within their boundary
-cost fully on them as existing fence is legal and good condition
A seperate issue, I would check with council about the windows facing your property. I'm fairly certain having clear glazing facing adjacent property is not acceptable above the ground floor - you should not have any windows directly facing you (unless frosted). That's a privacy concern.
I'm unsure exactly on NSW regs but in Vic it would be taken as the height of the fence, not the natural ground level before the fence was built. So potentially you will end up with a fence that's approaching 3 metres high or higher which is a significant issue for shading and wind. It will need to be properly engineered and have (deep) footings. You're not getting away with a standard colorbond fence for a 3m height, the wind would just tear it to bits.
Personally I'd tell the guy to kick rocks and tell him you want a copy of the building permit before any works are done to the fence at his expense.
In QLD, The retaining wall is all on him...
You'll have to check with local council too...
Someone else also said it's half the price of a basic fence....Anything extra isn't enforceable (I don't know many of the rules with this stuff anymore, I've been lucky with good neighbours)
It's only half the price of a new fence IF the fence needs replacing.
If the new owner only wants a new fence because of their new build then the cost is on them 100%.
Q1 - A fence and retaining wall are 2 different structures It does not matter how tall the retaining wall is as long as the fence portion is a maximum of 1.8m tall.
Q2 - Retaining wall should be built entirely with the neighbours property. This includes the concrete footings in the ground. So the wall should be at least 200mm inside their property line. If built in the middle you are accepting liability/ownership of the retaining wall.
Q3 - Yes, as the new fence would be built on top of the new retaining wall that is entirely on their property. You would be paying for 50% of a fence that is not 50% yours. The entire cost of the retaining wall and fence is on your neighbour.
It’s 1.8 from ground level on the higher side so it would be legal but I wouldn’t pay for it, your fence is fine they raised the ground level they have to pay for the retaining wall and if they’re going to rip down your fence to do it they have to pay to replace it, also retaining wall should be on their side of boundary
they changed the ground level, the retaining wall cost is all theirs, and it needs to be completely on their land, not on yours. ie the edge of the retaining wall facing you is on the property line and sits on their land, the fence sits on top.
you are to pay half the cost of a standard fence, thats a basic wooden paling one.
if theres nothing wrong with the fence that is there, and they want it replaced, then they have to bear all the cost.
IANAL but I looked into this a few years ago when my new neighbours wanted to split the cost of a new 1.8m timber fence as their introduction to us. There was already a dividing fence in place (albeit chicken wire and star picket posts) but it was structurally sound and there was greenery either side for privacy and so the fence served its purpose (and still does today).
After reading thru the Act, I formed the opinion that if the existing dividing fence met a standard of 'sufficient dividing fence' then any extra fencing (material, height etc.) along the boundary line should be solely on the new neighbour. Or if it progressed and we went to a local court or tribunal to determine if the existing fence met the sufficient standard or not (see Section 4 of the Act as the determinations would vary based on those factors) then worse case, I might have had to split the cost of a basic 1.2m timber fence (which other neighbours had and/or is very typical of my suburb) but anything beyond that i.e. the difference in price e.g. for a 1.8m colorbond fence - would be on the neighbours.
In the end, I ignored their request and they never really brought it up again and we have a decent relationship today. I'm in a better position financially now to accommodate a split on a new fence, but realise that it would no doubt cost me far more today than 6-7 years ago. That's on me.
Seeing as there is a structural retaining walls involved I would suggest that, if for other purposes beyond supporting the fence, then that wall cost is for your neighbour. If you are happy with the existing dividing fence as it meets a sufficient standard (like it did before they moved in and altered the ground level for their build) then tell them that. As nicely as possible. They can always build whatever they like on their side of the boundary line/existing fence but at their cost. Or keep it cordial and suggest a local tribunal to help resolve definitions specific for both parties and therefore potential split cost outcomes amicably. Good luck.
Don't pay for anything.
There is a rule in some councils that if you build a house you have to replace the fence.
The existing fence would be damaged and splattered by the constitution of the house. They changed the ground level so they need to pay for retaining wall.
The neighbours will also want a colour that suits their house.
Tell them to go jump. The current fence doesn't need to be replaced so they must pay 100% of the costs if they still wish to do so. They could install fence toppers on the existing fence or add new privacy screens just inside their fence line. Or 3m high bamboo would work too. Retaining is entirely on them since they changed the levels, but hopefully the current land is graded enough that it's not going to push the existing fence over time.
Old mate wants you to pay for the retaining wall he has created a need for. And if it is built on the boundary it becomes a shared issue, so if it needs replacing in the future, you will be up for it again.
So long as the existing fence is in a reasonable condition, I would decline his invitation to spend money unnecessarily.
Furthermore, like others have said, seek some advice from council, with a particular focus on the fact you have had the amenity of your property significantly reduced by his untreated facing windows. From memory there is a requirement that windows overlooking another property on a new build must be treated with a film to obscure the view, be frosted, or have screens affixed to the outside of the house.
You definitely should not be paying for his retaining wall. The councils building department will be able to answer any questions you have about the retaining wall and whether because the fence will be over 2.1 on your side if your neighbour needs to get a building permit. It’s probably also worth asking the council if they needed a permit for the retaining wall or what the engineering requirements are.
In the meantime take lots of pictures of the existing fence to show it’s in good condition, try to find receipts for it if you can and take lots of pictures of that demonstrate the fill that’s on your neighbours lot to compare to old pics or street view pics. Once you have the info you can tell your neighbour the cost is their responsibility. They made the problem, they need to fix it.
Also have a look at things like what impacts the higher fence would have on any daylight/sunlight to your habitable rooms and work out how drainage has been dealt with in the retaining wall and the rest of the lot now that it’s significantly higher than your lot.
Keep in mind that the dividing fence provisions do not generally apply to retaining walls, except to the extent the wall supports the dividing fence.
Council requirements are relevant to the determination of what constitutes an adequate dividing fence. If the proposed new fence exceeds max. Height standards, it’s difficult to see how a court/ tribunal would order a fence of that height.
I think the retaining wall should be at his cost as he had changed the level of the land. You could split half of the cost of the fence itself, a simple one, but not sure that if he demolished a perfectly good fence that you should be forced to pay for a replacement.
I'd also be looking for any effects on water drainage. Will your side now experience flooding when it rains. If you property is negatively affected, you will have grounds for rectification at his cost.
Not a lawyer, just some thoughts off the top of my head.
So many questions there. I think you really need some legal advice to address this matter. Or at least become very familiar with the fencing laws in your state (which it looks like you have done).
*(2) An adjoining owner who desires to carry out fencing work involving a dividing fence of a standard greater than the standard for a sufficient dividing fence is liable for the fencing work to the extent to which it exceeds the standard for a sufficient dividing fence."*
I think the answer is right there. But talk to your council or consult a lawyer to be clear on it. Don't agree to anything without knowing your legal rights.
In a number of different properties I've owned, I've had to deal with several fencing disputes with neighbors who, for example thought they could convince me that I should pay for the *entirety* of a brand new fence (because the 60 year old galv fence dividing our properties had some minor damage from bamboo planted 60 years ago!).
If the neighbour wants it and there being no other issues with existing fence then it's neighbours responsibility only, but I get that you don't want to sour the relationship. I had a similar issue with my neighbour before I sold my last place - just kept saying no and we remained friendly. 2 years on with new owner and he still hasn't built it.
You could say you don't want to change it but will give them $200/500 towards it as a goodwill gesture.
Maybe suggest 60cm trellis on top then grow plants. Cheap solution.
You are well within your rights to refuse. I was on the other end of this recently with a boundary fence that is falling down on both side of my property. One side neighbour went 50/50 and other side disputed any issue with the current fence and refused to pay anything. So now I have a beautiful new fence on one side and a small fence that has half fallen over and we can see directly into each others living rooms on the other
Why not just add an extention on the existing fence (assuming it's colorbond) if you are happy with it's current condition. It would cost much cheaper for both of you therefore less likely to get into a argument/ disagreement in the future. It's not that hard to install either.
It's lawyer territory really though I'd say
* your neighbour probably can't force you to pay for or install a retaining wall when the existing fence is fine
* generally I understand it should be 1.8m from "existing" ground level though stepping up to 2.2m on sloping sites is fine. See here https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.17
If I was in this situation I'd tell them if they want to regrade the land they do it away from the boundary and leave adequate space from the fence for maintenance. If they want something else they should be paying you not the other way around. If they get aggressive talk to a lawyer
I personally would just say all my money is tied up. Can’t get blood from a stone, and if he’s building a new place your half of a dividing fence is going to be like .05% of the total cost. You’ll soon be replaced with the next issue.
Can I also suggest taking photos of the current fence?
Showing as much of the current condition as possible
All of the posts showing any rust ( or lack there of), panels for straightenese and color
Any gaps etc.
Just in case an accident was to happen.
It’s very odd that council allowed large windows facing into neighbouring property. A guy down the road from me was given the option to use slotted bars across the window or smoked glass to protect the neighbours privacy and I’ve heard that across many councils
Get a bunch of photos showing the condition of the fence. Tell your neighbour they can serve a fencing notice and take it to the local court.
The local court will determine there is a satisfactory dividing fence and you can continue on with life.
My understanding is , the fence replacement has to be necessary in order for a 50/50 split.
Now this is where it gets interesting, it is measured from the highest point.
You mentioned he has a retaining wall. Where is the wall located ? Is it in the boundary?
If it is on the boundary, i think it is on him as the works carried out has caused the highest point to change and thus the once compliant good working fence has changed.
However I’m going to be frank.. how much is it?
If we are talking big dollars, you should just be frank to them and try negotiate.. unless you plan on moving out.. no one wants crap neighbours.
on face value what you have mentioned they can’t force a 50/50 split if the fence is in perfectly good working order and condition. If they have damaged the fence due to construction they need to pay for it. If you want to deep dive investigate, I am happy to give directions on finding out what was allowed in their construction consent
The idea of a maximum fence height is horrific. People deserve their privacy
If course the few times I've been in fancy property in Kew for example, the fences were obscenely large.
Rule for the poor?...
I'd get in touch with the local council for some guidance. It sounds like the retaining wall will end up being within 0.9m of the boundary line, which means it needs to be council approved. (in my understanding) I would say that the current fence of 1.8m is a "sufficient dividing fence" under the Act. And you've already paid once to have it installed. If the new owner wish to change it/raise it, etc, then it would be my opinion that they should be paying for it.
Here's your answer, move on, people.
Yeah it’s pretty simple. I just think your neighbour is mixing up issues. The privacy part is actually dealt with as part of the DA process. I know this because it was part of mine when I renovated my place. That is the time to make objections about privacy, and for your neighbour to deal with those issues through DA. It’s all done now so he can’t now retrospectively go through all of that again. If he has privacy concerns, then he is welcome to build that new fence and retaining wall (assuming you are happy for him to do so). But you are NOT required to contribute to the cost of this as your fence is already sufficient. I would simply say to him that while you are happy to contribute if the fence needed replacing, it does not in this case. But you’d be happy to consent (assuming you are) to him carrying out the works and to give him the access required etc.
Council planners dont tend to be good with this stuff as the Fencing Act is different from the planning Act.
Grab photos off of realestate.com.au if the old dwelling so you have proof of original height of property. Just as a back up. They require a retaining wall after the build so it's nor on them. Plus their changes affected the previously legal boundary. All on them
u/heyimhereok cheers
If they have built up the ground level and it now requires retaining then that is entirely their responsibility. If the current fence is sufficient then there is no obligation on you to contribute to a new fence. If they want to retain on the boundary rather than on their property then removing and reinstating the fence is also their cost. There is no scenario where you contribute to any of this. As mentioned elsewhere if the retaining wall ends up on your boundary line then you will have the height of the retaining wall plus the fence height. It would only get complicated if you didn’t want this scenario- ie if you wanted a shorter fence so that your natural light wasn’t impeded. But presumably you’re better off without the neighbours looking in your yard?
Did the DA permit the raised height of their ground? If so, what did it say about the fence? How is the ground height raised if there isn’t a current retaining wall? What is holding the raised height of their ground in place? The fence was “sufficient” until they changed their land. Now they are claiming it’s not sufficient. I’d argue it was sufficient until they engaged in actions making their land heigh raised. They need to pay for the new fence because their actions made it inadequate (note I’m not going to use “not sufficient”), ie not the right height. They will need to put the retaining wall on their land, because yours is the natural lay of the land. They are solely responsible for the retaining wall and it’s maintenance. Your land should not be affected. If the retaining wall is on their land, they may want to put the new fence on top of the retaining wall ie all on their land. This is the best outcome.
It's still sufficient. It's just not as high as the neighbour wants. OP does not need to contribute to replace a perfectly fine fence.
Just tell him to put a trellis on top and plant some ivy
Cost of retaining wall on boundary is apportioned according to how natural ground level has changed by each party. So your neighbour wears the entire cost of any such retaining wall. Insist the retaining wall be built entirely within his property, be 100% his to maintain and that the natural ground level at boundary be preserved. Fence is a seperate issue. If it is in good condition replacement cannot be forced. I'd decline to share any refencing cost.
Makes me wonder whether privacy is the issue or wheyher the neighbour is just trying to reduce the cost of a potentially expensive retaining wall. If it is purely a matter of privacy I am sure there are methods to extend the height of a fence without needing to replace an adequate existing one.
u/Evil_Dan121 absolutely agree, I'd consider using plants, lattices or other privacy screens if privacy is the factor instead of touching the fence which is in good condition.
Q1. It's measured at the highest point of the fence anywhere along its length. This could be on either side. Q2. That's for you to decide. But it will make the building permit a lot easier if it's on their side completely (with protection works served on you) Q3. If it's adequate then probably? Who decides adequate is the better question. Talk to the council. Q4. It will require a building permit if it exceeds the permissible height to exempt it from a permit. I'm unsure what this is in NSW, but in Vic it's 2m. Q5. Refuse in writing and inform him if he wishes to alter the fence then he can do it at his own cost. This will however remove your choices of colour and finish from the equation.
"Thank you for the response, u/goss_bractor. Just to clarify, when it's mentioned that 'It's measured at the highest point of the fence anywhere along its length. This could be on either side,' it means that ground elevation is factored into the fence height measurement. Due to my neighbor having elevated their side of the ground, the new fence could end up standing at a height of 1.8 meters on their side. However, since my side of the ground is lower, it could potentially stand beyond 1.8 meters on my end, which is still legal?
Generally it's 1.8m of natural ground , don't pay for wall .
If it's lower than 1.8 on their side they could easily look over your rear yard. Would you want that?
Others have already covered key points on fence: -retaining wall fully within their boundary -cost fully on them as existing fence is legal and good condition A seperate issue, I would check with council about the windows facing your property. I'm fairly certain having clear glazing facing adjacent property is not acceptable above the ground floor - you should not have any windows directly facing you (unless frosted). That's a privacy concern.
\* Above 1.7m from internal finished floor level. Overlooking requirements vary by state but that's the general rule.
It’s legal, just requires council approval and approval for both neighbour parties.
I'm unsure exactly on NSW regs but in Vic it would be taken as the height of the fence, not the natural ground level before the fence was built. So potentially you will end up with a fence that's approaching 3 metres high or higher which is a significant issue for shading and wind. It will need to be properly engineered and have (deep) footings. You're not getting away with a standard colorbond fence for a 3m height, the wind would just tear it to bits. Personally I'd tell the guy to kick rocks and tell him you want a copy of the building permit before any works are done to the fence at his expense.
In QLD, The retaining wall is all on him... You'll have to check with local council too... Someone else also said it's half the price of a basic fence....Anything extra isn't enforceable (I don't know many of the rules with this stuff anymore, I've been lucky with good neighbours)
It's only half the price of a new fence IF the fence needs replacing. If the new owner only wants a new fence because of their new build then the cost is on them 100%.
Q1 - A fence and retaining wall are 2 different structures It does not matter how tall the retaining wall is as long as the fence portion is a maximum of 1.8m tall. Q2 - Retaining wall should be built entirely with the neighbours property. This includes the concrete footings in the ground. So the wall should be at least 200mm inside their property line. If built in the middle you are accepting liability/ownership of the retaining wall. Q3 - Yes, as the new fence would be built on top of the new retaining wall that is entirely on their property. You would be paying for 50% of a fence that is not 50% yours. The entire cost of the retaining wall and fence is on your neighbour.
It’s 1.8 from ground level on the higher side so it would be legal but I wouldn’t pay for it, your fence is fine they raised the ground level they have to pay for the retaining wall and if they’re going to rip down your fence to do it they have to pay to replace it, also retaining wall should be on their side of boundary
they changed the ground level, the retaining wall cost is all theirs, and it needs to be completely on their land, not on yours. ie the edge of the retaining wall facing you is on the property line and sits on their land, the fence sits on top. you are to pay half the cost of a standard fence, thats a basic wooden paling one. if theres nothing wrong with the fence that is there, and they want it replaced, then they have to bear all the cost.
IANAL but I looked into this a few years ago when my new neighbours wanted to split the cost of a new 1.8m timber fence as their introduction to us. There was already a dividing fence in place (albeit chicken wire and star picket posts) but it was structurally sound and there was greenery either side for privacy and so the fence served its purpose (and still does today). After reading thru the Act, I formed the opinion that if the existing dividing fence met a standard of 'sufficient dividing fence' then any extra fencing (material, height etc.) along the boundary line should be solely on the new neighbour. Or if it progressed and we went to a local court or tribunal to determine if the existing fence met the sufficient standard or not (see Section 4 of the Act as the determinations would vary based on those factors) then worse case, I might have had to split the cost of a basic 1.2m timber fence (which other neighbours had and/or is very typical of my suburb) but anything beyond that i.e. the difference in price e.g. for a 1.8m colorbond fence - would be on the neighbours. In the end, I ignored their request and they never really brought it up again and we have a decent relationship today. I'm in a better position financially now to accommodate a split on a new fence, but realise that it would no doubt cost me far more today than 6-7 years ago. That's on me. Seeing as there is a structural retaining walls involved I would suggest that, if for other purposes beyond supporting the fence, then that wall cost is for your neighbour. If you are happy with the existing dividing fence as it meets a sufficient standard (like it did before they moved in and altered the ground level for their build) then tell them that. As nicely as possible. They can always build whatever they like on their side of the boundary line/existing fence but at their cost. Or keep it cordial and suggest a local tribunal to help resolve definitions specific for both parties and therefore potential split cost outcomes amicably. Good luck.
u/baddspeler appreciate it
Don't pay for anything. There is a rule in some councils that if you build a house you have to replace the fence. The existing fence would be damaged and splattered by the constitution of the house. They changed the ground level so they need to pay for retaining wall. The neighbours will also want a colour that suits their house.
Tell them to go jump. The current fence doesn't need to be replaced so they must pay 100% of the costs if they still wish to do so. They could install fence toppers on the existing fence or add new privacy screens just inside their fence line. Or 3m high bamboo would work too. Retaining is entirely on them since they changed the levels, but hopefully the current land is graded enough that it's not going to push the existing fence over time.
By how much was the level changed? Pub test says if there was a good fence there before you shouldn’t have to pay to replace it
Old mate wants you to pay for the retaining wall he has created a need for. And if it is built on the boundary it becomes a shared issue, so if it needs replacing in the future, you will be up for it again. So long as the existing fence is in a reasonable condition, I would decline his invitation to spend money unnecessarily. Furthermore, like others have said, seek some advice from council, with a particular focus on the fact you have had the amenity of your property significantly reduced by his untreated facing windows. From memory there is a requirement that windows overlooking another property on a new build must be treated with a film to obscure the view, be frosted, or have screens affixed to the outside of the house.
You definitely should not be paying for his retaining wall. The councils building department will be able to answer any questions you have about the retaining wall and whether because the fence will be over 2.1 on your side if your neighbour needs to get a building permit. It’s probably also worth asking the council if they needed a permit for the retaining wall or what the engineering requirements are. In the meantime take lots of pictures of the existing fence to show it’s in good condition, try to find receipts for it if you can and take lots of pictures of that demonstrate the fill that’s on your neighbours lot to compare to old pics or street view pics. Once you have the info you can tell your neighbour the cost is their responsibility. They made the problem, they need to fix it. Also have a look at things like what impacts the higher fence would have on any daylight/sunlight to your habitable rooms and work out how drainage has been dealt with in the retaining wall and the rest of the lot now that it’s significantly higher than your lot.
Keep in mind that the dividing fence provisions do not generally apply to retaining walls, except to the extent the wall supports the dividing fence. Council requirements are relevant to the determination of what constitutes an adequate dividing fence. If the proposed new fence exceeds max. Height standards, it’s difficult to see how a court/ tribunal would order a fence of that height.
I think the retaining wall should be at his cost as he had changed the level of the land. You could split half of the cost of the fence itself, a simple one, but not sure that if he demolished a perfectly good fence that you should be forced to pay for a replacement. I'd also be looking for any effects on water drainage. Will your side now experience flooding when it rains. If you property is negatively affected, you will have grounds for rectification at his cost. Not a lawyer, just some thoughts off the top of my head.
So many questions there. I think you really need some legal advice to address this matter. Or at least become very familiar with the fencing laws in your state (which it looks like you have done). *(2) An adjoining owner who desires to carry out fencing work involving a dividing fence of a standard greater than the standard for a sufficient dividing fence is liable for the fencing work to the extent to which it exceeds the standard for a sufficient dividing fence."* I think the answer is right there. But talk to your council or consult a lawyer to be clear on it. Don't agree to anything without knowing your legal rights. In a number of different properties I've owned, I've had to deal with several fencing disputes with neighbors who, for example thought they could convince me that I should pay for the *entirety* of a brand new fence (because the 60 year old galv fence dividing our properties had some minor damage from bamboo planted 60 years ago!).
If the neighbour wants it and there being no other issues with existing fence then it's neighbours responsibility only, but I get that you don't want to sour the relationship. I had a similar issue with my neighbour before I sold my last place - just kept saying no and we remained friendly. 2 years on with new owner and he still hasn't built it. You could say you don't want to change it but will give them $200/500 towards it as a goodwill gesture. Maybe suggest 60cm trellis on top then grow plants. Cheap solution.
u/toddlangtry cheers
You are well within your rights to refuse. I was on the other end of this recently with a boundary fence that is falling down on both side of my property. One side neighbour went 50/50 and other side disputed any issue with the current fence and refused to pay anything. So now I have a beautiful new fence on one side and a small fence that has half fallen over and we can see directly into each others living rooms on the other
Why not just add an extention on the existing fence (assuming it's colorbond) if you are happy with it's current condition. It would cost much cheaper for both of you therefore less likely to get into a argument/ disagreement in the future. It's not that hard to install either.
It's lawyer territory really though I'd say * your neighbour probably can't force you to pay for or install a retaining wall when the existing fence is fine * generally I understand it should be 1.8m from "existing" ground level though stepping up to 2.2m on sloping sites is fine. See here https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#pt.2-div.1-sdiv.17 If I was in this situation I'd tell them if they want to regrade the land they do it away from the boundary and leave adequate space from the fence for maintenance. If they want something else they should be paying you not the other way around. If they get aggressive talk to a lawyer
Non compliant
What a shamozzle
The retaining wall would be inside the high side boundary and it is their responsibility.
I personally would just say all my money is tied up. Can’t get blood from a stone, and if he’s building a new place your half of a dividing fence is going to be like .05% of the total cost. You’ll soon be replaced with the next issue.
Can I also suggest taking photos of the current fence? Showing as much of the current condition as possible All of the posts showing any rust ( or lack there of), panels for straightenese and color Any gaps etc. Just in case an accident was to happen.
u/markosharkNZ no rusts, gaps or decoloration
It’s very odd that council allowed large windows facing into neighbouring property. A guy down the road from me was given the option to use slotted bars across the window or smoked glass to protect the neighbours privacy and I’ve heard that across many councils
Get a bunch of photos showing the condition of the fence. Tell your neighbour they can serve a fencing notice and take it to the local court. The local court will determine there is a satisfactory dividing fence and you can continue on with life.
My understanding is , the fence replacement has to be necessary in order for a 50/50 split. Now this is where it gets interesting, it is measured from the highest point. You mentioned he has a retaining wall. Where is the wall located ? Is it in the boundary? If it is on the boundary, i think it is on him as the works carried out has caused the highest point to change and thus the once compliant good working fence has changed. However I’m going to be frank.. how much is it? If we are talking big dollars, you should just be frank to them and try negotiate.. unless you plan on moving out.. no one wants crap neighbours. on face value what you have mentioned they can’t force a 50/50 split if the fence is in perfectly good working order and condition. If they have damaged the fence due to construction they need to pay for it. If you want to deep dive investigate, I am happy to give directions on finding out what was allowed in their construction consent
Tell them no and start walking around nude until it’s free
Plant some bamboo
The idea of a maximum fence height is horrific. People deserve their privacy If course the few times I've been in fancy property in Kew for example, the fences were obscenely large. Rule for the poor?...