Building or replacing a fence is normally a simple and straightforward process. You usually won’t need council approval for standard fences in Moreton Bay but there are a few exceptions that can catch you off guard. To help you avoid fines and complications, we created this guide to cover everything you need to know from when you need approval, to height limits, pool fencing rules, and even green alternatives like hedges. Keep reading to find out more about making sure your fence is built right from the start.
When Do You Need Council Approval for Your Fence?
In many cases, homeowners can build a fence without needing approval from the Moreton Bay Regional Council as long as the fence follows standard height limits and uses typical materials. However, there are certain instances where council approval becomes necessary:
- Height over 2 metres. Planning a tall privacy fence? If your fence exceeds 2 metres in height, you will need to get council approval. This is to make sure that taller fences don’t obstruct views, cause disputes, or affect local aesthetics.
- Pool barriers. Pool fencing has its own set of strict rules for safety reasons. Even if the fences look standard, it must still comply with Queensland’s pool safety laws. This often includes specific height and spacing requirements.
- Near a retaining wall. If your fence will sit on top of or near a retaining wall, extra precautions are needed. In this case, council approval ensures the combined structure is safe and won’t cause issues like erosion or collapse.
If you’re likely facing any of these cases, it’s worth reaching out to the Moreton Bay Regional Council for more advice. A quick call or email can save you from potential headaches and costly fines down the road.
Maximum Fence Heights in Moreton Bay
Height restrictions are one of the most common causes of fencing disputes and council fines. Knowing these limits can help you avoid costly mistakes.
- Boundary fences. The maximum height for a boundary fence in Moreton Bay is 2 metres without council approval. This allows for plenty of privacy without obstructing light or views. If you want a taller fence for added privacy, you’ll need to apply for an exemption.
- Front fences. The rules for front fences are a bit stricter. Usually, front fences are limited to 1.2 metres in height. This is to maintain visibility for drivers and pedestrians, reducing the risk of accidents near driveways and footpaths. If you want a taller front fence, you’ll need to justify it with a strong case to the council.
Setback Requirements: How Close Can You Build to the Boundary
Setbacks refer to the minimum distance your fence needs to be from property boundaries or public spaces. These rules help maintain sightlines and ensure that structures don’t encroach on neighbouring properties or don’t interfere with visibility, particularly near driveways and intersections.
For front fences, there’s usually a requirement to set the fence back slightly from the property line, especially if located near a driveway or a corner. This helps improve visibility and safety, making it easier for cars exiting the property to see oncoming traffic and pedestrians.
For side and rear boundary fences, setbacks are typically not required if the fence height is within the standard limit of 2 metres. But if you’re considering a taller fence or building near a structure like a retaining wall, you may need to leave additional space or apply for local council approval to ensure that it meets safety and zoning regulations.
Setback requirements can vary based on the zoning and the type of road your property faces. Residential, commercial, and rural zones may have different setback rules, and properties adjacent to main roads might require larger setbacks for safety reasons. It’s worth double-checking with the council’s Planning Scheme to confirm the exact requirements for your fencing project and avoid any surprises.
Pool Fencing Requirements in Queensland
Minimum Height
Pool fences in Queensland must meet specific height requirements to ensure they provide adequate safety:
- The fence must be at least 1200mm high, measured from the finished ground level to the top of the fence.
- The gap between the bottom of the fence and the ground should be less than 100mm. This prevents small children from squeezing underneath.
- The fence must be built on stable and solid ground to maintain its integrity and prevent movement over time.
- On sloping or stepped terrain, the fence height must still be a minimum of 1200mm at every point along its length.
No Climb Zone
A key requirement for pool fencing in Queensland is the establishment of a non-climbable zone around the fence. This zone helps prevent children from using nearby objects to gain access to the pool area. The NCZ must extend at least 900mm from the top of the fence in all directions. This means any potential footholds or handholds like trees, planter boxes, outdoor furniture, or even decorative features should be kept well clear of the fence. For fences on sloping ground or with steps, it’s important to maintain this clear zone consistently as uneven surfaces may create opportunities for climbing.
Gate Requirements
The gate of a pool fence needs to be self-closing and self-latching. The latch must be positioned at least 1.5 metres above the ground, making it out of reach for young children. This feature ensures that the gate closes automatically and remains secure.
Gaps and Openings
To prevent small children from squeezing through, the gaps between fence panels must not exceed 100mm and the space between the bottom of the fence and the ground must also be no more than 100mm.
Regular Inspections
In Queensland, pool owners are legally required to ensure their pool fences comply with the state’s pool safety standards at all times. While regular inspections by authorities are not mandated, it is the pool owner’s responsibility to maintain a compliant pool barrier to prevent accidents and avoid penalties. Non-compliant fences can lead to significant fines and pose serious safety risks, particularly to young children. Regularly inspecting and maintaining your pool fence is essential to ensure it remains in good condition and meets all safety requirements.
Special Requirements for Bushfire-Prone Areas
For bushfire-prone areas, the emphasis is more on reducing fire risks. The council’s Bushfire Hazard Overlay identifies areas at higher risk and while there are also no exact fencing requirements, it’s highly recommended to use fire-resistant materials. Metal fencing is less likely to catch fire and can help prevent the spread of flames. You should also maintain a clear zone around the fence to act as a buffer and increase the fence’s resistance to bushfire threats.
It’s also crucial to consider access for emergency services. Fencing in these areas should not obstruct entry points for fire-fighting vehicles and gates should be wide enough and easily operable in case of an emergency.
Green Fences: Hedges and Living Walls for Privacy
If you prefer a more natural look for your property boundary, green fences like hedges and living walls can be a great choice. These options provide privacy while adding a touch of greenery that blends seamlessly with the landscape. Unlike standard fences, hedges don’t often face the same height restrictions which gives you more flexibility. However, if a hedge grows too tall, it could block sunlight or views and may encroach on neighbouring properties which may lead to disputes. So you may wish to discuss your plans with your neighbours before planting, especially if the hedge will run along a shared boundary.
For a fast-growing, low-maintenance hedge, choose native plant species such as Lilly Pilly or Murraya which are well-suited to Moreton Bay’s climate and therefore easy to maintain. Regular trimming is needed to keep the hedge tidy and prevent overgrowth.
Common Fencing Mistakes That Can Lead to Council Fines
Exceeding Height Limits Without Approval
One of the most common mistakes homeowners make is building a fence that exceeds the height limit without seeking council approval. Fences taller than 2m generally require a permit and ignoring this rule can lead to fines and a requirement to modify or even remove the fence which can be expensive and time-consuming.
Using Non-Compliant Materials
While you might have a creative idea for your fence, it’s important that you use materials that meet local standards. Some materials such as reflective metal or unsafe finishes (e.g. barbed wire) may not be allowed, particularly in residential zones. Always check the city council’s guidelines before selecting your materials to avoid fines and ensure your fence is compliant.
Building Too Close to the Boundary
Encroaching a neighbour’s property or building too close to public spaces can cause disputes and may breach setback requirements. Even if your fence doesn’t require council approval, it’s important to maintain that it stays on your property boundary and follows any required setbacks.
Neglecting Maintenance
A poorly maintained fence can quickly turn into a safety hazard, with issues like loose panels, leaning posts, or rotting materials are common problems, leading to complaints from neighbours and potential fines from the council. Regular inspections and upkeep can prevent these issues and prolong the life of your fence.
Who Pays for a Boundary Fence in Queensland?
When it comes to building or repairing a boundary fence, the question of who foots the bill can often lead to confusion and disputes between neighbours. The Dividing Fences Act provides clear guidelines on how these costs are typically shared:
Shared Responsibility
In most cases, the cost of constructing, maintaining, or repairing a boundary fence is split equally between the adjoining property owners. This applies whether you’re replacing an old fence or installing a new one. The idea is that both parties benefit from the fence so both should contribute to the cost.
Upgrades and Premium Materials
If one neighbour wants to upgrade the fence using premium materials like Colorbond instead of timber or, wants to add features like extra height or decorative elements, they are generally responsible for the additional cost.
What Should You Do if You Have a Fencing Dispute With a Neighbour?
Fencing disputes are more common than you think but handling them calmly and professionally can help prevent a small issue from escalating into a larger conflict. Whether it’s about the cost, the type of fence, or its location, here’s what you should do:
1. Start with a friendly discussion
Before jumping to legal solutions, try talking to your neighbour directly. A simple, friendly conversation can resolve most issues, especially if it’s just a small understanding of the boundary line or the type of fence you want to install. Approach the conversation with an open mind and a willingness to find a compromise.
2. Put agreements in writing
If you and your neighbour come to an agreement, it’s a good idea to document it in writing. It could be a simple letter outlining what was discussed including the details like the type of fence, who will handle the installation, and how the costs will be shared.
3. Seek Mediation Services
If talking to your neighbour doesn’t work, consider using a mediation service. The Queensland Government offers mediation through the Dispute Resolution Centre which can help both parties come to an agreement without the need to go to court. A neutral mediator will guide the discussion and help you find common ground.
4. Legal Options
As a last resort, you can take the matter to the Queensland Civil and Administrative Tribunal (QCAT). This is typically used when all other attempts at resolution have failed. QCAT can make a legally binding decision about the fence including who should pay for it. However, you should understand that legal actions are costly and time-consuming so they should only be used as a last option after you’ve exhausted all other means.
To prevent disputes from arising from the very start, involve your neighbour early in the planning process. Discuss your fencing options openly and make sure your plans comply with local regulations. Keep your discussions and conversations clear and respectful so you won’t have any trouble in the long run.
Conclusion
Putting up a new fence or building a new one in Moreton Bay doesn’t have to be a headache as long as you know what to expect. By understanding local regulations you can avoid common pitfalls and get your project done right. Being aware of the rules will help keep everything on track. By following requirements and regulations, you can avoid fines, keep neighbours happy, and ensure a smooth fencing process.
If you’re planning a fencing project and want expert advice, don’t hesitate to reach out to us. As experienced Caboolture fencing installers, we know how to navigate the fencing rules and regulations in Moreton Bay to complete your project without a hiccup. Let’s help you build a fence that fits your needs, looks great, and is 100% compliant.
