8 min read

What to know before building a new fence in New Zealand

Building a new fence should be relatively straightforward, yet a lot can go wrong if you don’t follow the rules. Disputes around boundary fencing can get complicated and expensive, fast.
By
What to know before building a new fence in New Zealand

Moving companies services

Budget-friendly moving service trusted by thousands of customers across NZ.
What are you moving?
Newshub Stuff SCOOP Yahoo!

Even if you’re on good terms with your neighbours, arguments over blocked views, costs, and aesthetics can cause a fallout that could end up in court. Before you build or replace your fence, here’s how to make it a seamless process:

Building a fence that faces the street

If you’re building a fence at the front of your property, there isn’t too much that can go wrong. You’ll need a building consent if the fence is over 2.5 metres.

If you live in an area with a covenant, there may be restrictions on what materials and colours you can use. Some areas only want you to use natural colours or materials that blend into the natural landscape. Developments or historical areas tend to be more restrictive than other suburbs. In some cases, planners want to protect the feeling of the suburb and create a sense of unity amongst the houses or retain a certain look. High fences or mismatched materials can impact this look.

Understand your boundaries

The first thing you must understand about building a fence between you and your neighbour's property is where your boundary lies. If you don't know your boundary, getting a surveyor in to check can pay. A surveyor can set boundary pins to ensure your fence is on your property.

The second thing you need to do is go to the local council and see if your property has any zoning rules that apply to it. Some areas have very strict rules related to materials, height, vegetation, and colour.

If your neighbour has issues with replacing the boundary fence, building the fence you want inside the boundary line on your property may be tempting. However, this could open you up to issues in the future. They could then decide to build a fence on the boundary line and make you pay half the cost. They could also object to your fence and take legal action against you. For these reasons, it’s always a good idea to build on the boundary and get permission from your neighbour first.

Check-in with your neighbour early

Once you know what you’re allowed to build and where you can build it, it’s time to talk to your neighbour. The law for boundary fences is that neighbours must share the fencing cost. Avoid any complications early on by discussing what type of fence you plan on building early in the process. If your neighbour has any issues, you won’t waste money on materials you can’t use.

Fencing can get complicated when neighbours disagree on upgrading the fence above its existing condition. For example, if your existing fence is old and made of wood, it’s reasonable to expect your neighbour to split the cost of a new wooden fence. However, if you wanted to upgrade the fence to something more expensive or replace a 1.5-metre fence with something much higher, you need to get your neighbour's permission.

According to The Fencing Act 1978, the fence you want to build must be adequate in “nature, condition and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve".

Notify your neighbour officially

To comply with the Fencing Act, you’ll also have to give your neighbours official notice that you’re working on the fence, 21 days' notice to be exact. If your neighbour has an issue with the type of fence you want to build, they can serve you with a cross-notice.

While it’s always a good idea to talk to your neighbour face-to-face about your plans, getting the details down on paper will ensure no miscommunication come building time. This template will help you notify your neighbour about the specifics of the build. Make sure you hand it to them in person so they can’t deny reading it. The proposed works are accepted if your neighbour doesn’t reply within 21 days. You can begin work on the new fence.

You should also know that the notice needs to be served to the homeowner. If you live next door to a tenant, it doesn’t matter whether they agree or approve of your fence. The owner of the building must be served the notice and has to agree (or after 21 days, can no longer object).

Be friendly and understandable

While it can be tempting to approach building your new fence as a legal process, staying on your neighbour’s good side can go a long way. If you want to upgrade your fence to something much more expensive, it’s reasonable to expect that your neighbour might not feel the same way.

If your neighbour doesn’t agree with your fencing plans, you can apply to the District Court for an order to get the fence altered or built. However, now is a good time to remember that the fencing act states the fence needs to be ‘adequate.’ The law may not be on your side if your fence is more of an upgrade than a replacement.

Build the fence you said you would

Many neighbourly fence disputes could be avoided by sticking to the Fencing Act and ensuring the fence you build is what you got permission for. A neighbour might understandably object to a tall fence that blocks their view, especially if they signed off on a shorter fence.

It’s also understandable that one neighbour might not want to upgrade the existing fence to a more expensive material. Your neighbour only has to pay for half of an ‘adequate’ fence. If you own a pool and are required to build a pool fence (boundary fences need to be 1800mm high on the poolside), your neighbour may not have to pay half the cost. It depends on whether or not the existing fence is of the same quality and price as the pool fence you are required to build.

Know your rights if your fence is damaged

Now you know how to do the right thing by your neighbour when building a fence. But what if your neighbour is the one being disrespectful? If your neighbour damages your boundary fence and wants to replace it, you’re not liable for the cost. Intentional damage must be paid for by the party that did the damage. If your neighbour reverses into your fence or throws a party that gets out of control and damage occurs, they have to pay.

If a storm damages your fence and your neighbours are away, you don’t have to worry if you can’t get hold of them. You can get the fence repaired immediately. You can do the work and recover the cost from your neighbour when they are back in the country. You can also replace the fence if it’s beyond repair. However, you can only replace the fence with something comparable. Without your neighbour's agreement, you can’t upgrade it and expect them to pay half.

Things to consider to make your fence build go smoothly

Finally, there a few pieces of etiquette you may want to consider when it comes to making your fence-building process go smoothly.

  • Don’t infringe on your neighbour's property. Technically, no one owns the land on the boundary, so you should always build the fence on this line. A surveyor can tell you if you don’t know your exact boundary. Building a fence that encroaches (even one foot) onto your neighbour's property is a big no-no and a bit like stealing. Make sure you understand where the boundary is and that your contractors are sticking to it.
  • Share your plans in detail with your neighbours. Most court cases come from one party not sticking to their side of the agreement (and it’s usually the neighbour building the fence.) If you have plans to build a six-foot-high purple fence, you shouldn’t be surprised if your neighbours object. The easiest way to get sign-off from your neighbour is to build a fence that complements both properties or is relatively neutral in terms of colour, style and design.
  • Face the nice side of the fence towards the neighbours. Unfortunately, some fences look better from one side than the other. Wooden fences often have supporting posts and details on the back side that are necessary but not overly flattering. In order to build the fence you want, you may have to compromise by offering to have the ‘nice’ side of the face towards your neighbour's property.
  • Consider how your fence complements the neighbourhood. If you’re building a fence that faces the street, you should still consider how it impacts your neighbourhood. Regardless of whether you have to stick to a covenant, your fence should add rather than detract from the look of the neighbourhood.

Moving house? Find budget-friendly moving services with Wise Move. Book your next move here.

Moving companies services

Budget-friendly moving service trusted by thousands of customers across NZ.
What are you moving?
Newshub Stuff SCOOP Yahoo!

What do our customers say?

Read reviews of Wise Move to learn stories from our customers.
$340
Te Aro, Wellington
Thorndon, Wellington
10
Will
Reviewed 5 hours ago
Quickest, easiest, smoothest move in Welly that I’ve ever had!
$360
Bishopdale, Christchurch
Saint Heliers, Auckland
10
Maddie
Reviewed 5 hours ago
Super quick and easy. Great communication, great price.
$1,018
3 bedroom house move
Bishopdale, Christchurch
Saint Martins, Christchurch
10
Mary
Reviewed 6 hours ago
The guys were proefessional knew their job, and performed it brilliantly. i would recommend Sweet as movers to friends
$150
2019 Giant Reign full suspension
Tauranga
Whitford
10
Carl
Reviewed 6 hours ago
Great service, very happy, thank you.
$335
Te Awamutu
Ōhau
9.5
Brandon
Reviewed 7 hours ago
Great value. Some initial miss comms but all sorted very quickly and professionally thank you! Would definitely use again, highly recommend!
$1,220
Hillcrest, Rotorua
Ngongotahā, Rotorua
10
James
Reviewed 8 hours ago
Couldn't recommend the two men called Te and Tane who showed up enough. Friendly, kind and hard working. Would not hesitate to use them again :) great service. Could not be happier.
$8,550
Andersons Bay, Dunedin
Oratia, Auckland
10
Nicola
Reviewed 10 hours ago
Jazz and team were great. Excellent communication, quick responses to my questions, punctual and friendly. Completed our house move from Dunedin to Auckland with no problems, for a very reasonable price.
$1,400
Flatshare move
Mount Eden, Auckland
Kelburn, Wellington
10
Loren
Reviewed 12 hours ago
Excellent service. From the beginning quote, right through to delivery, communication was prompt and clear. As I was not present for pick up or delivery I had some anxiety over timings with flat mates. I was relieved as the guys were right on the times agreed. Great service. Thanks

For every (wise)move

Car transport nz
Car Transport
Expert car transport specialists committed to moving your vehicle securely, smoothly, and right on time.
Learn more
TradeMe purchase pickup and delivery service across NZ
Trade Me Delivery
Our teams handle heavy and large Trade Me purchases with ease, delivering them swiftly and safely anywhere in NZ.
Learn more
Motorbike transport nz
Motorcycle Transport
Our pros ensure your bike is transported with exceptional care, unmatched attention, and precise handling.
Learn more
Piano transport
Piano Move
Skilled piano movers who bring the strength, precision, and dedication needed to protect your instrument every step of the way.
Learn more
Furniture removals
Furniture Removals
Our teams treat every piece of furniture with extraordinary care, from careful packing to safe and seamless delivery.
Learn more
Pet transport nz
Pet Transport
Our pet transport specialists provide gentle, attentive, and compassionate care so your pets travel safe, comfortable, and happy.
Learn more
Boat transport nz
Boat Transport
Boats are transported nationwide with expert precision, reliable efficiency, and complete peace of mind.
Learn more