In most cases, no — a fencer cannot simply start work on a shared boundary fence without first notifying your neighbour. New Zealand's Fencing Act 1978 sets out a clear process for boundary fencing disputes and cost-sharing, and skipping the notification step can leave you out of pocket and potentially liable. Here's what every homeowner needs to know before the first post goes in the ground.
What the Fencing Act 1978 Says
The Fencing Act 1978 governs how boundary fences between adjoining properties are built, replaced, and paid for. The key principle is that both neighbours are generally expected to share the cost of a sufficient fence — one that is adequate for the needs of both properties. Before any work begins on a shared boundary, the party wanting the fence must serve a fencing notice on their neighbour.
A fencing notice is a written document that sets out:
- The proposed location of the fence
- The type of fence to be built
- The estimated cost
- Each party's proposed contribution
- When work is intended to start
Your neighbour then has 21 days to respond. If they agree, work can proceed. If they object or don't respond, there is a dispute resolution process — ultimately through the Disputes Tribunal or District Court if needed.
When Can Work Start Without Notice?
There are limited situations where a fencer can start work without going through the full notice process:
- Both neighbours have already agreed verbally or in writing to the fence type, location, and cost split. Even so, getting this in writing is strongly recommended.
- Emergency repairs — if a fence is damaged and poses an immediate safety risk (for example, after a storm), urgent repairs can be carried out. However, you should still notify your neighbour as soon as practicable.
- The fence is entirely on your own land — if you choose to build a fence set back from the boundary, entirely within your property, you don't need your neighbour's agreement (though resource consent or a building consent may still apply — see below).
Outside these situations, starting work without notice is risky. Your neighbour could refuse to contribute to costs, and you may have limited legal recourse.
Building Consent and Resource Consent
Fencing work can also trigger consent requirements under the NZ Building Code and your local council's district plan. Key points:
- Building consent is generally not required for most residential boundary fences under Schedule 1 of the Building Act 2004 — but this depends on height and location. Fences over 2.5 metres in height, or retaining walls over 1.5 metres, may require consent, but the exact thresholds depend on specific conditions — always confirm with your local council before starting. Always confirm with your local council before starting.
- Resource consent may be needed if your property is in a special character zone, near a waterway, or subject to other district plan rules. Check with your council's planning team.
- Height restrictions vary by zone — many residential areas limit boundary fences to 1.8 metres or 2 metres without consent. Your council's district plan is the definitive source.
For guidance on the Building Code framework, MBIE Building Performance is a reliable starting point.
What About the Fencer's Responsibility?
A professional fencer working on a boundary job should ask you upfront whether the fencing notice process has been completed and whether your neighbour has agreed. A reputable tradesperson won't simply start digging without knowing the legal groundwork is in place — doing so could expose both you and them to disputes.
If a fencer starts work without proper notice having been served, and your neighbour objects, you could end up bearing the full cost of the fence yourself. In some cases, you may even be required to remove or relocate it.
Practical Steps Before Work Begins
- Confirm the boundary — have a licensed cadastral surveyor locate the boundary pegs if there is any doubt. Never assume the old fence is on the legal boundary.
- Serve a fencing notice — use a written notice that meets the requirements of the Fencing Act 1978. Templates are available from the Disputes Tribunal.
- Wait the 21 days — unless your neighbour agrees sooner in writing.
- Get quotes and agree on the fence type — both parties should be comfortable with the materials and style before work starts.
- Check consent requirements with your local council.
Disputes and Mediation
If your neighbour objects to the proposed fence or refuses to contribute, the Disputes Tribunal can make a binding decision on cost-sharing and fence specifications. This is a relatively low-cost process designed for exactly these situations. Consumer NZ has useful general guidance on neighbour disputes.
When to Call a Professional
For straightforward fencing on flat ground with a cooperative neighbour, many homeowners manage the process themselves. However, consider getting professional help when:
- The boundary location is uncertain or disputed
- The fence involves significant height, retaining, or structural elements
- Your neighbour is uncooperative and you need the fencing notice process handled correctly
- The fence is near a waterway, on a slope, or in a special zone
A qualified fencer will know the local requirements and can guide you through the process. You can find experienced local fencing contractors on tradedirectory.co.nz.
