Fences Act SA: What Businesses Need To Know

Boundary fences might not be the first thing on your to‑do list, but they matter for every business that owns or occupies land in South Australia. From security and privacy to curb appeal and neighbour relations, your fence can affect day‑to‑day operations and long‑term property value.

If you’re planning to build, replace or repair a boundary fence in South Australia, the Fences Act (SA) sets out the rights and responsibilities of adjoining owners. Understanding the rules early can save you time, money and disputes.

In this guide, we’ll walk through how the Fences Act works for SA businesses, who usually pays for fencing work, the process to follow before starting, special issues for commercial tenancies, the contracts you’ll want in place with contractors, and what to do if things go wrong.

What Is The Fences Act (SA) And Why It Matters For Businesses?

The Fences Act (SA) provides the legal framework for boundary fences between neighbouring properties. In simple terms, it covers how owners should agree on fencing work, share costs and resolve disagreements about the type, position and condition of a fence.

For businesses, the Act matters because:

• You often need your neighbour’s agreement before you build, replace or upgrade a boundary fence.
• The Act includes a process for serving written notice and negotiating the scope and cost of the works.
• If you can’t agree, you may apply to a court for orders about what should be built and who pays.

It’s also important to know that “fences” and “retaining walls” are treated differently. A retaining wall usually supports soil at different levels (not a dividing fence under the Act), and responsibility for those works is often separate. If your site has changes in ground level near the boundary, get advice before you assume cost sharing applies the same way.

Beyond the Act, you also need to consider local planning rules (for example, fence height, materials, heritage overlays or corner allotment visibility) and any workplace health and safety obligations during construction. Council approvals may be needed for certain fence types or heights, so always check with your local council before work begins.

Who Pays For A Boundary Fence In South Australia?

In many cases, adjoining owners share the reasonable costs of erecting or replacing a “sufficient” fence. What’s “sufficient” depends on the location and use of the properties. For example, a taller, more robust fence might be reasonable in a commercial or industrial area compared to a low residential fence.

As a general guide:

• If there is no sufficient fence now, owners typically contribute in equal shares to build one that’s reasonable for the area and use.
• If there is already a sufficient fence, and one owner wants something more substantial (for example, a high acoustic barrier), that owner may have to pay the extra cost above a “sufficient” fence unless the neighbour agrees otherwise.
• Where a fence is damaged (for example, by a storm or an incident), the cost of repairs can depend on the cause and what’s reasonable in the circumstances. Insurance may also be relevant.

Leases can shift responsibilities between landlords and tenants. If you’re a tenant or landlord of a commercial site, your lease often determines who must maintain or contribute to fencing. This is one reason many businesses put a clear Commercial Tenancy Agreement in place that spells out repair and boundary responsibilities.

What Process Do You Need To Follow Before Building Or Replacing A Fence?

The Act expects owners to talk first and try to reach agreement. If you can’t agree informally, there is a simple notice-and-negotiation process to follow before you start work. In practice, this looks like:

1) Put It In Writing

Give your neighbour a written notice that explains the proposed fencing works. Include key details in plain English, such as:

• Where the new or replacement fence will go (on the boundary, inside your land, or offset by agreement)
• Type of fence (materials, height, style) and any gates
• Who will do the work and when
• A cost estimate and a fair proposal for contribution

Attach a simple plan or image if helpful. Clear information builds trust and avoids misunderstandings.

2) Allow A Reasonable Time For A Response

Give your neighbour a reasonable period (often several weeks) to consider and respond. During this time, keep communication open and be prepared to adjust the proposal to reach a practical agreement.

3) Exceptions For Urgent Work

If the fence is unsafe or needs emergency repairs, you may be able to carry out necessary work first and discuss contributions afterward. Keep records (photos, invoices, communications) and limit works to what’s reasonably necessary to make the area safe.

4) Planning And Safety Checks

Before work starts, check whether your fence requires council consent (this can depend on height, materials or the property’s zoning). You’ll also want to locate underground services and make sure the contractor follows safe work practices on site. For complex sites-like corner lots or sites with retaining walls-get advice early.

5) Confirm The Agreement

Once you agree on the scope and cost sharing, confirm the arrangement in writing. A short, signed agreement between neighbours reduces the risk of disputes later and makes expectations clear for everyone involved.

Special Issues For Commercial Properties And Tenancies

Commercial premises raise a few additional issues to keep in mind.

Landlord vs Tenant Responsibilities

Most commercial leases allocate who handles fencing maintenance, upgrades and contributions to boundary works. If your lease is silent or unclear, clarify obligations in a side letter or variation before committing to works. If you’re negotiating a new lease, ensure the fencing position and condition are reflected in your Commercial Tenancy Agreement from day one.

Shared Access, Easements And Setbacks

Shared driveways, loading bays and easements can restrict fence placement. If your operations involve shared space with neighbours (for example, car parks or shared yards), a Property Licence Agreement can formalise how those shared areas are used while you still resolve fencing boundaries properly under the Act.

Security, CCTV And Privacy

Security is a common driver for fence upgrades. If you plan to add cameras to the fence line, make sure you comply with security camera laws and any applicable CCTV laws, particularly around recording public areas and neighbouring property. Positioning and signage can make a big difference to compliance and community relations.

Retaining Walls And Level Changes

As noted earlier, retaining walls are generally not “fences” under the Act. They often require engineering input and specific council approvals, and the cost responsibilities may differ from fencing. Where a fence sits on top of, or near, a retaining wall, you may need to address both structures in your agreement with the neighbour.

Contracts, Risk And Working With Fencing Contractors

Even straightforward fencing jobs benefit from clear documentation. If you’re engaging a contractor, make sure you’ve set out the scope, standards and timelines in a written agreement. At a minimum, consider:

• Goods & Services Agreement: Sets out the scope, milestones, price, warranties, variations and defects process.
• Supply Agreement: If you’re purchasing materials (panels, posts, gates) separate from installation, confirm delivery, quality and risk of loss.
• Sub‑Contractor Agreement: Useful if your builder or facilities team engages a fencing subbie and you need back‑to‑back obligations and insurance requirements.

Good contracts reduce scope creep, ensure you get what you paid for and give you tools to manage delays or defects. For larger projects or where boundary lines are unclear, getting a survey before works start can avoid expensive re‑work.

If your fencing work is part of a broader site upgrade, it may be worth speaking to a construction lawyer to coordinate scopes, approvals and contractor obligations across the whole project.

Disputes, Damage And Enforcement Options In SA

Despite best efforts, disagreements can arise-between neighbours, or between a business and a contractor.

Neighbour Disputes Under The Fences Act

If you’ve served a proper notice and can’t agree on the works or cost contribution, you may apply to a court (often the Magistrates Court in SA) for orders about what should be built and how the costs are shared. The court will look at what’s reasonable in the circumstances, including the nature and use of the land, existing structures and any safety or planning issues.

In practice, many matters settle once both sides understand their likely obligations. Where settlement is appropriate, a short Deed of Settlement can finalise terms (for example, type of fence, placement, contributions and timing) and avoid a hearing.

Damage To An Existing Fence

Where a fence is damaged by an accident or by works on one property, the responsible party may be liable for repairs. Document the damage with photos and incident details, notify your neighbour promptly and check any relevant insurance policies. If you can’t agree on cause or responsibility, seek advice before commencing works.

Contractor Disputes

If a contractor doesn’t deliver what was promised-late delivery, poor workmanship or the wrong materials-your rights will typically depend on the contract and general contract law principles. Clear scopes and defect rectification provisions help here, and you may have remedies for breach of contract where terms aren’t met.

Cameras, Audio And Recording Near Boundaries

Fencing disputes sometimes involve allegations about surveillance at the boundary. If cameras or audio devices are part of the issue, make sure your systems comply with recording laws in Australia-this will often help de‑escalate concerns and keep focus on the fence itself.

Key Takeaways

• The Fences Act (SA) sets the rules for agreeing, contributing to and resolving disputes about boundary fences between neighbours.
• Adjoining owners usually share the reasonable cost of a “sufficient” fence; upgrades beyond that may be at the initiator’s expense unless agreed.
• Follow a clear written notice process, allow reasonable time to respond and check any council approvals, safety and survey issues before work starts.
• Commercial leases often determine who pays for fencing-ensure your Commercial Tenancy Agreement addresses maintenance and boundary works.
• Use solid contracts with contractors-such as a Goods & Services Agreement or Sub‑Contractor Agreement-to lock in scope, timing and quality.
• If you can’t resolve a fencing issue, court orders are available, but many matters settle with a practical agreement recorded in a Deed of Settlement.

If you’d like a consultation about your obligations under the Fences Act in SA-whether you’re a property owner, landlord or tenant-reach us on 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.