Sharing a boundary fence with your neighbour

In New Zealand, the Fencing Act 1978 sets out how neighbours share a boundary fence.

Most of the time it never gets that far. A chat over the fence sorts it.

But it helps to know the rules before that chat, so here they are.

The short version

• Neighbours whose land is not divided by an adequate fence share the cost of fencing work equally.
• If you want your neighbour to pay their share, give them a fencing notice before the work starts.
• They have 21 days to object by sending you a cross-notice.
• If they do not reply within 21 days, they are treated as having agreed.
• If a fence is suddenly damaged and needs work straight away, either neighbour can do it without notice and recover half the cost.
• If one neighbour is responsible for damaging the fence, that neighbour pays the whole cost of fixing it.
• If you cannot agree, the Disputes Tribunal or the District Court can decide.

What counts as an adequate fence

The Act says an adequate fence is one that is reasonably satisfactory for the purpose it serves or is intended to serve.

So the sharing rule is about the fence the boundary actually needs. If you want something more than that, talk it through and agree the split with your neighbour first.

Start with a conversation

Before any paperwork, talk to your neighbour.

• Walk the fence line together and agree what needs doing.
• Get a written, itemised quote so you are both looking at the same numbers.
• Agree the style, the height and who pays what.
• Put what you agreed in writing, even a short email, and both keep a copy.

How a fencing notice works

If you cannot agree informally, the Act gives you a formal process.

A fencing notice has to set out:

• the boundary or line of fence where the work will be done
• the work proposed and the materials, clearly enough for your neighbour to understand it and estimate the cost
• the shares, if you are proposing something other than an equal split
• what happens if they do not respond

The Act includes a standard form for the notice (Form 1 in Schedule 1). It also covers who will do the work and when it will start.

Deliver it to your neighbour in person, or by registered post to their last known address.

Your neighbour then has 21 days to send a cross-notice objecting and making counter-proposals. Work done before the notice is served, or while that window is still open, is generally not something they have to pay towards.

When you cannot agree

Fencing disputes can go to the Disputes Tribunal for amounts up to $60,000, or to the District Court.

They can decide whether the existing fence is adequate, what work should be done, the reasonable cost, and who pays what.

Council rules in Christchurch

The Fencing Act is about who pays. Christchurch City Council rules are about what you can build.

• Fences over 2.5 metres need a building consent. Height is measured from the top of the fence to the ground directly below it.
• On a road boundary the standard permitted height is 1.8 metres. It is lower in some areas, including Character Areas and medium and high density zones.
• Fences near a stream, river or open drain must be at least 3 metres from the bank, and the part inside the waterway setback can be no more than 20 per cent solid.
• Boundaries next to public parks need lower or more see-through fencing, unless you get resource consent.

Not sure what applies to your section? Call the Council duty planner on 03 941 8999.

How we can help

We give you a written, itemised quote you can share with your neighbour, so the conversation starts from real numbers.

We also build neighbour-friendly fences that look finished on both sides, so nobody ends up looking at the rails.