Fences and retaining walls
Fences and retaining walls are commonly used to separate properties and manage differences in ground levels.
Ownership of a dividing fence on a common boundary is generally shared equally between the adjoining property owners under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
Where a fence is located entirely inside one property boundary, the fence is the responsibility of that property owner.
Retaining walls serve a different purpose than fences. They are engineered structures designed to support built-up or excavated earth. Where a retaining wall benefits more than one property, responsibility may be shared between the affected property owners.
To avoid future disputes, retaining walls (including their footings, drainage and backfill) should ideally be constructed entirely within one property.
Do I need approval to build a fence?Additional requirements for corner allotmentsDo I need approval to build or modify a retaining wall?Is drainage required?What happens if a fence is located on a retaining wall?Dividing fence responsibilities and disputesRelevant legislation
Fences up to 2 metres high above natural ground level can generally be built without building approval where they are:
- associated with a dwelling house
- not part of a swimming pool barrier
- not part of a retaining wall requiring approval
- compliant with the Queensland Development Code.
You will require building approval from a private building certifier if your fence:
- forms part of a regulated swimming pool barrier
- exceeds 2 metres in height above natural ground level
- forms part of a retaining wall or combined fence and retaining wall exceeding 2 metres
- is attached to or located adjacent to a retaining wall requiring approval.
Additional restrictions may apply where properties are subject to development approvals, planning scheme provisions, or master-planned community requirements.
A fence that borders a road reserve must be located entirely within the property boundary.
Fences located on corner allotments must maintain safe sight lines for vehicles and pedestrians.
Typical requirements include:
- fences may be up to 2 metres high along property boundaries
- along a 9 m × 9 m truncated corner, fences may be up to 2 metres high
- along a 6 metre radius corner, fences must not exceed 1 metre in height.
Refer to Queensland Development Code MP 1.1 and 1.2 diagrams for a visual representation for maximum fence height. If you require further explanation, please contact Council.
These requirements help maintain visibility for road users at intersections.
Prior to building, modifying or replacing a retaining wall, Council recommends seeking advice from a private building certifier and a civil or structural engineer.
A building permit is generally required where:
- the retaining wall is 1 metre or more in height above or below natural ground level
- the wall is located within 1.5 metres of a building or structure and supports that structure
- the wall supports additional loads such as driveways, structures or similar.
Modifying a retaining wall includes:
- repairing or replacing more than 20% of the structural components
- adding additional load above the wall (for example concrete slabs, raised garden beds, pools or structures)
- installing a fence on top of the retaining wall
- increasing the height of the retaining wall.
Yes. Drainage is an important component of retaining wall construction.
Most retaining walls require a subsoil drainage system behind the wall to relieve water pressure. A surface drain may also be required at the top or base of the wall.
All stormwater must discharge to a lawful point of discharge to prevent damage or nuisance to neighbouring properties.
Learn more about Stormwater Drainage
A fence constructed on top of a retaining wall can create additional structural loading.
Responsibility for repair or replacement will depend on factors such as:
- whether the fence forms part of the retaining wall structure
- who is responsible for constructing and maintaining the retaining wall
- whose property the retaining wall is located on
- whether both the fence and retaining wall require repair.
Where a fence does not form part of the structural support of the retaining wall, the matter is usually considered a civil matter between neighbours.
Council may become involved where a structure presents an immediate safety hazard.
Dividing fences are generally a shared responsibility between neighbouring property owners.
Before building or replacing a fence you should:
- discuss the proposal with your neighbour
- agree on the type and location of the fence
- agree on the estimated cost and cost sharing arrangements
- confirm property boundaries
- check whether building approval is required
- contact Dial Before You Dig to identify underground services.
Where neighbours cannot reach agreement, assistance may be available through mediation or dispute resolution services.
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 provides a process for resolving disputes about dividing fences.
Information about this process is available from the Queensland Civil and Administrative Tribunal (QCAT) and the Department of Justice and Attorney-General.
Learn more about Neighbourhood Disputes
Further advice may also be obtained from a licensed builder, private building certifier or civil/structural engineer.