Maintenance: Fences
- In this chapter we explain building terms in relation to fences along with commonly encountered problems, replacement and fence notices. We also look at preventative maintenance.
Legislation – Strata Titles Act
Click on Legislation above, to view strata title legislation and hints.
Legislation – Community Titles Act
Click on Legislation above, to view community title legislation and hints.
Fences are commonly constructed from metal, brick, concrete, brush and wire.
Common Problems
The following pictures illustrate many of the common problems with fences and gates.
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Where soil is placed against steel fences a suitable plastic vapour barrier must be installed to prevent rusting of the fence. We strongly advise against using fences to retain soil.
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This fence has suffered many impacts from car bumpers. The help prevent this in future the group has installed car wheel stops. Under some insurance policies the damage caused by a vehicle impact is covered.
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This fence needs new posts and rails. This will require negotiations with neighbours as required by the Fences Act. See Fence Notices.
Hint
Sometimes the fence paneling can be reused.
Best Practice
Use steel uprights and rails for a long lasting job.
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Whilst this fence appears to be serviceable it contains asbestos. Plans will need to be made for its safe replacement in the future. This will require negotiations with neighbours as required by the Fences Act. See Fence Notices.
Best Practice
Avoid damage to the asbestos sheets and do not drill without precautions. See Tools below for a fact sheet.
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Brick fences can suffer from movement in their foundations resulting in cracking or collapse. They can also suffer from vehicle damage about the entrance.
Hint
Attach L shaped galvanised steel on brick corners where at risk of vehicle damage. Paint to match the brickwork..
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Brush fences commonly suffer from slump. This shows up as gapping at the top of the fence and spreading at the foundations. Since 2008 the location of brush fences has been controlled by legislation. See Tools below for a government supplied question & answer sheet.
Hint
Keep water away from the bottom of the brush fence. This helps reduce the tendency for spreading.
Best Practice
Repack as needed rather than let it go to the extent that it all needs replacing.
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As discussed gates in common fences are the Strata Corporation’s to maintain. The case above the timber has been neglected and in need of cleaning and repaint.
Best Practice
Maintain gates regularly to avoid replacement. An annual inspection may be useful.
Tools
The following tools may assist in the maintenance of your group’s fences.
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Brush Fences Legislation Questions & Answers |
Graffiti Removal
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Living with fibro |
Strata Titles Act (plan number less than 20,000)
Fences are common property. This is spelt out under Section 5 part 5(a).
Section 5: Boundaries
(5) Subject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a unit by strata plan—
(a) where a boundary is defined by reference to a wall or fence—the boundary is the inner surface of the wall or fence;
Section 3: Interpretation
(1) In this Act, unless the contrary intention appears: fence includes a gate
What does this mean?
The strata corporation owns the fences between units along with the boundary fences.
Community Titles Act
Strata Division – one lot above another
Section 19 (4) Subject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a lot by strata plan:
(a) where a boundary is defined by reference to a wall or fence—the boundary is the inner surface of the wall or fence
What does this mean?
Fences on community titled Strata Divisions are treated the same as a Strata Titled group. The corporation owns the fences between units and fences on the external boundary of the group.
For regular lot by lot Community Corporations the Fences Act applies. That is, each lot owner shares the ownership of the fence on the lot boundaries. If the boundary is shared with the corporation’s common driveway then the lot owner and corporation share ownership. Costs are usually shared 50/50.
