Putting up or repairing a boundary fence between neighbouring properties is a common neighbourhood issue.
The Boundary Fences Act 1908 is the law in relation to boundary fences in Tasmania, in particular, the repair and erection of boundary fences.
For all enquiries and information on your rights, including any disputes which are a civil matter, we recommend the Legal Aid website.
Fencing requirements
Requirements for fencing your property vary, depending on the zoning of the property and the type of fence you are wanting to erect. Fences over a specified height or constructed from particular materials may require a planning permit.
Front Fences
A front fence at your home can be built within or on your home boundary. You will first need to determine where your front boundary is, which you can find on your home title documents. It may not require a planning permit if the fence is within 4.5m of your front boundary and in one for the following zones:
- General Residential Zone
- Inner Residential Zone
- Low Density Residential Zone
- Village Zone
- Urban Mixed Use Zone
- Local Business Zone
- General Business Zone
- Central Business Zone
- Commercial Zone
- or any particular purpose zone.
And if not above the height of:
- 1.2m above existing ground level if the fence is solid; or
- 1.8m above existing ground level, if the fence has openings above the height of 1.2m which provide a uniform transparency of at least 30% (excluding any posts or uprights)
When the frontage fence does not meet these requirements or if the Local Historic Heritage Code applies, a planning permit may be required. See the Planning permit and process page for more.
Side and backyard fences
Side and backyard boundary fences not adjoining a public reserve and not above 2.1m high from ground level are exempt from requiring planning approval.
Side and backyard boundary fences that adjoin a public reserve are exempt if up to 1.8m high.
The height must be reduced if it is within 4.5 metres of the front boundary to comply with the above requirements for front fences, otherwise a planning permit may be required.
What does uniform transparency mean?
If a fence is ‘transparent’ it has been designed so that you can look through it. If a fence has ‘uniform transparency’ it means the level of visibility through the fence is the same for the whole length of the fence. The uniform transparency is normally expressed as a percentage.
Masonry fences
If you are wanting to build a fence or piers made of a masonry material, please check with the planning and/or building departments for additional requirements.
If you are unsure which zone your property is in or it is under a different zone than those mentioned above, please contact the planning team for details relevant to your property or make an enquiry with PlanBuild.
Retaining walls
A retaining wall is a wall which holds back or supports soil when the natural ground level has
been altered. When a person cuts into the natural ground level the soil on the high side is to be prevented from collapsing with use of a wall.
In addition to the building requirements, a planning permit may be required for the retaining wall. To find out whether you need a planning permit for your retaining wall you can apply for preliminary planning advice or make an enquiry with PlanBuild.
For details around building retaining walls please read the Retaining Walls Information Sheet.