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.

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.

You may need legal advice if you:

• have questions about a dividing fence
• need help with your rights concerning a retaining wall.

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.

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

Department of Justice and Attorney-General provide detailed information about resolving tree and fence disputes including forms for serving notices on your neighbour. They also provide free Dispute Resolution Centres to assist in resolving disputes between neighbours, and a free Neighbourhood Mediation Kit ( pdf).

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.