The general requirements for fences to be accepted as exempt developments under State Policy are:
- gates must not open outwards.
- on bushfire prone land, fences must be constructed of non-combustible materials or hardwood.
- any metal parts must be low reflective, factory pre-coloured materials.
- they must not be electrical fencing or barbed wire in residential, industrial, or business zones, except zone R5.
- if the fence is located in a koala habitat area or movement corridor, additional controls may be set by your local council.
Fences in zones R1, R2, R3 R4 or RU5
The standards for fences to be considered exempt development in residential zones R1, R2, R3 R4 or RU5 include:
- side and rear boundary fences must not be higher than 1.8 metres, or 1.2 metres if the fence is built from masonry.
- fences along a boundary of, or in the setback area of, a primary or secondary road must not be taller than 1.2 metres (this includes the front of the site and any side boundary on corner sites).
- fences along the boundary with, or within, the setback area to a secondary road must:
- be at least 20 per cent transparent, above 400 millimetres
- not have solid piers or posts wider than 350 millimetres.
Please refer to these State Policy provisions on standards fences in residential zones must meet to be exempt from planning approval.
Fences in rural, environmental and RU5 zones
The standards for fences to be considered exempt development in rural and environmental protection zones, and zone RU5, include:
- fences must not be higher than 1.8 metres.
- fences must be constructed using post and wire or post and rail.
- masonry materials can be used within three metres either side of the entrance to the property from the primary road.
- when used, electric fencing must be constructed in accordance with AS/NZS 3014:2003.
Please refer to these State Policy provisions on standards fences in rural, environmental protection and zone R5 zones must meet to be exempt from planning approval.
Fences business and industrial zones
The standards for fences to be considered exempt development in business and industrial zones include:
- fences must not be higher than three metres, or 1.2 metres if the fence is built from masonry.
- when the lot is adjacent to a residential zone, at least 75 per cent of the part of the fence that is above 1.8 metres in height must be transparent.
- when the fence is along the boundary with or in the setback area of a road, at least 75 per cent of the part of the fence that is above 1.2 metres in height must be transparent.
Please refer to these State Policy provisions on standards fences in business and industrial zones must meet to be exempt from planning approval.
Other considerations
- if the fence separates the lot from an adjoining lot, the Dividing Fences Act 1991 applies.
- to find out what zoning applies to your lot, use the Find a Property tool via the Planning Portal homepage.
- before removing or pruning any existing trees or vegetation, check with your council whether you need approval.
- all works must be structurally adequate, installed in accordance with manufacturer’s specifications and comply with the Building Code of Australia (BCA).
- any structure on or over public land or roads must have approval specifically from the local council or Transport for NSW under the Roads Act 1993 and the Local Government Act 1993.
- Generally, exempt development cannot be carried out on:
- land or a building that is listed on the State Heritage Register or subject to an interim heritage order.
- a critical habitat of an endangered species, population or ecological community under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994.
- a wilderness area under the Wilderness Act 1987.