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Skip Navigation LinksHome > Legal information > Living in the community > Neighbourhood > Fences and retaining walls

Fences and retaining walls 

Legal Aid Queensland cannot give legal advice about this type of law

We cannot provide further assistance or advice on this area of law beyond the legal information below.
Please refer to one of the organisations listed at the bottom of this page if you need more help.

Legal Information

Laws affecting this topic have changed

From 1 November 2011, the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 deals with laws about trees and dividing fences in Queensland. This replaces the Dividing Fences Act.

Fences

The law that deals with the building or the repairing of dividing fences in Queensland is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. The law applies to city and rural land, although there are some exceptions in relation to agricultural land of more than half a hectare. Local council laws and building codes may also apply in your area. Some government owned land is not covered by the Act. You should get legal advice.

Related publications

A Step-by-step guide to resolving tree and fence disputes, and information about Avoiding disputes about fences and Your responsibility as a fence owner is available from the Queensland Government's website.

Retaining walls

I need to get some help with my rights concerning retaining walls, what should I do?

The law about retaining walls is complex. You should get private legal advice.

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Do I need legal advice?

You may need legal advice if you:

  • have questions about a dividing fence
  • need help with your rights concerning a retaining wall.
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Where can I get legal advice

Legal Aid Queensland does not give legal advice about dividing fences or retaining walls.

The following organisations may be able to give you legal advice.

Community legal centres give legal advice on a range of topics. Contact them to see if they can help with your matter.

Queensland Law Society can refer you to a specialist private solicitor for advice or representation.

 

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Who else can help?

The following organisations may be able to help with your matter. They do not provide legal advice.

Department of Justice and Attorney-General provides free Dispute Resolution Centres to assist in resolving disputes between neighbours, and a free Neighbourhood Mediation Kit.

Department of Housing and Public Works have information about pool fences and safety barriers.

Queensland Civil and Administrative Tribunal (QCAT) can consider minor civil disputes including dividing fence disputes.

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Disclaimer - Copyright © 1997 Legal Aid Queensland. This content is provided as an information source only and is not legal advice. If you have a legal problem, you should seek legal advice from a lawyer. Legal Aid Queensland believes the information is accurate as at 16 April 2013 but accepts no responsibility for any errors or omissions and denies all liability for any expenses, losses, damages and costs you might incur due to the information being inaccurate or incomplete in any way.



Last modified: 2 September 2013 11:08AM
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Fences and retaining walls