The Fencing Act 1978:- The Fencing Act 1978 was enacted to clearly set out the rights and responsibilities relating to fences between neighbouring properties. The main purpose of the Act is to guide neighbours who cannot agree on the work and costs involved in erecting a fence. You can find a copy of the Act at your local library or Citizens Advice Bureau or view it on the internet at www.legislation.govt.nz. Agreement with your neighbour:- Generally, if you want to build a fence on a common boundary, or upgrade an existing inadequate fence, you and the owner of the neighbouring property should share costs equally for a realistic proposal. If you and your neighbour are in agreement, it is wise to put in writing what is agreed upon and both sign it. If you cannot reach an agreement then you may have to progress issues under the Fencing Act. Section 10 of the Act sets out how you can get your neighbour to contribute to the cost of an adequate fence. Step 1 You must serve a Fencing Notice under the Fencing Act 1978 clearly specifying: • Which boundary, or part of it, you want to fence and who will build it. • The type of fence that will be erected and the materials that will be used • The estimated cost of the work and how this will be shared, if not equally. The neighbour has 21 days to object and make any counter proposals. If the neighbour doesn’t reply to the notice within 21 days, he/she will be deemed to have agreed to the proposals and will have to share the cost. You will need to check the First Schedule to the Act toconfirm what information must be included in theFencing Notice. Step 2If the neighbour objects to any of the proposals in your Fencing Notice, they may serve you with a Cross Notice within21 daysthat can include any counter proposals. The first schedule of the Act also gives a guide on what information must be included in a Cross Notice. Step 3If you do not receive a Cross Notice within the 21 day period, you can assume your neighbour has accepted the proposals in your Fencing Notice. However, the neighbour will not be liable for any costs if the work was carried out before the Fencing Notice was served or within the 21 day period. Step 4If you and your neighbour cannot agree on the proposal you will need to have the matter resolved through mediation, arbitration, a Disputes Tribunal or the District Court. Other matters concerning fences: • Any fence or wall more than 2.0 metres high requires both a Resource Consent and a Building Consent.• The fence should be placed on the boundary line as far as possible.• You can pay to make immediate repairs to the fence and recover half the costs from the other neighbour, if he/she has damaged it and vice versa• The Act applies to fences built since the Act came into force on 1 st April 1979.• If a fence adversely affects your land or obstructs your view too much, under special provisions relating to fences in the Property Law Act 1952, you can apply for a District Court order to remove or alter the fence, in consultation with your solicitor.Building a Deck: The Building Act 2004 stipulates that decks more than 1 metre above ground level will require a Building Consent and in some cases even a Resource Consent. You should contact the Council if you are unsure about the consents. It is important that you don’t begin any physical work on your project until you have a Building Consent or any other required authorisations such as a Resource Consent. Even though decks under a metre in height do not require a Building Consent, their construction needs to comply with the Building Code and standards NZS 3604 and 3602. It is important that decks are built in accordance with the Building Code to ensure they are safe for people to use. B uil d ing a Fence or De c k Information S hee t No. 7
