I want to put up a fence around my property in a gazetted townsite. What rules apply and do I need a building permit?
If you are planning to install a fence within a gazetted townsite in the Shire of Kojonup, there are both fencing and building requirements that may apply. The Shire's Fencing Local Law 2020 establishes minimum fencing standards throughout the district.
Do I need a Building Permit?
A Building Permit is generally required if your proposed fence is:
- A masonry fence (brick, limestone, concrete panels or similar) more than 750 mm high.
- A non-masonry fence (such as metal, Colorbond or timber) more than 1.8 metres high.
- Located within 8 metres of a street corner.
- Acting as a barrier to prevent falls where there is a level difference of 1 metre or more. [Retaining...Recovered) | Word], [SOK - Hand...et Fencing | PDF]
Front and Secondary Street Fences
Additional requirements may apply to fences facing a street.
For safety reasons, fencing near driveways and street corners may need to incorporate sightline clearances or be visually permeable to ensure visibility for vehicles and pedestrians.
Do I Need Planning Approval?
Most residential boundary fences do not require planning approval; however, certain circumstances, locations or fence designs may require further assessment.
Before You Start
Contact the Shire before commencing works if you are unsure whether approvals are required. Building a fence that requires approval without obtaining the necessary permits may result in compliance action.
How high can my front fence be?
Front fences are subject to Building and Planning requirements and may require approval depending on the design, height and materials used. Special requirements apply where a fence impacts visibility from driveways or intersections.
Fencing near driveways should include clear sight lines or be visually permeable to maintain vehicle and pedestrian safety.
Please contact the Shire before constructing a front fence to confirm the applicable requirements for your property.
Can I build a Colorbond fence?
Yes. Colorbond and other metal fencing materials are generally permitted within the Shire. A Building Permit is generally not required for a non-masonry fence unless it exceeds 1.8 metres in height or is located within 8 metres of a street corner.
Who pays for a dividing fence?
Under the Dividing Fences Act 1961, adjoining landowners are generally responsible for sharing the cost of a sufficient dividing fence. A sufficient fence may be:
- A fence prescribed by local law;
- A fence agreed by adjoining owners; or
- Another fence recognised under the Act.
We recommend discussing your proposal with your neighbour before works commence.
Do I need my neighbour's permission and what happens if I disagree?
If the fence is being constructed on a common boundary and you intend to seek a contribution towards the cost from your neighbour, you should discuss and agree on the fence beforehand.
If agreement cannot be reached, the Dividing Fences Act 1961 provides a process for resolving disputes between adjoining landowners. The Shire cannot determine private fencing disputes but
may provide information regarding local fencing standards.
The Dividing Fences Act 1961 contains processes for dealing with fencing matters between adjoining owners.
Can I install an electric fence or put razor wire on my fence?
The Shire's Fencing Local Law contains provisions relating to electrified fences. Approval may be required before an electrified fence can be installed.
Razor wire fencing is rdgulated under the Shire's Fencing Local Law and may require approval. Front fences incorporating razor wire will not be permitted on residential land.
Property owners should contact the Shire to discuss the proposal before installation.
Can I build a retaining wall and fence together?
Yes, however additional approvals may be required.
A building permit is generally required for:
- Retaining walls retaining more than 500mm of soil;
- Retaining walls supporting another structure or load;
- Retaining walls affecting adjoining land;
- Fencing attached to retaining structures where structural certification may be required.
Engineering certification may also be required depending on the design and site conditions.
Can I build my fence on my property boundary?
Yes, Boundary fences are generally permitted and are specifically recognised under the Dividing Fences Act 1961 and the Shire's Fencing Local Law.
Where the fence is on a shared boundary, consultation with adjoining owners is recommended before construction commences.