Building a fence might seem straightforward but there are a number of consent issues to consider. Understand whether your client needs a building consent, a resource consent, consent from their neighbour, or all three before you begin construction!
Assuming neighbouring houses are already built, any fence between them will be on a common boundary. If it’s under 2m high, in most cases all that’s required is a written agreement between the homeowners.
Under the Fencing Act 1978, both neighbours are obliged to contribute an amount equivalent to at least half the cost of a standard ‘reasonably satisfactory’ fence. The proportion of the costs can only be claimed from a neighbour if prior written notice is given that a fence is going to be built and the neighbour is advised of the cost of the proposed fence.
While neighbours should be consulted in the first instance, if an agreement can’t be reached, there is a formal process that can be followed in which a non-cooperative neighbor is served with a Fencing Notice.
The notice must state that it is served under the Fencing Act 1978, must include the names and addresses of both parties involved, and must be signed and dated. A template for such a notice is provided in the Fencing Act.
The notice must also describe:
The boundary to be fenced.
The type of fence.
Who will build the fence.
The estimated cost.
How materials are to be purchased.
The start date for the work.
If a boundary fence issue can’t be resolved with tact and compromise, there are provisions in law involving notices and cross-objections that must be carried out in time frames as specified in the Fencing Act.
If there is no agreement at the end of the processes described above, options such as mediation, arbitration, the Disputes Tribunal or court proceedings will need to be investigated.
Down the middle
The fence should be built with the posts centred on the boundary line or as near to it as practical.
Usually, a fence of up to 2m high can be built without the need for a resource or building consent but the relevant territorial authority should be consulted for the rules specific to the locality. See below for further consent details.
A myriad of fencing options are available, from simple post and wire fences to prefabricated metal or timber palings or lattice work, to walls of stone, brick or concrete block.
The requirements are that they:
Remain durable.
Are aesthetically pleasing.
Resist or deflect wind loads.
Comply with Resource Management Act requirements for the site in terms of height.
For privacy, solid fences provide the greatest benefit but for protection from the wind, the requirements are different. See page 14 of this issue for more detailed information on wind zones.
Consent considerations
Passed in November 2013, the Building Amendment Act 2013 details the range of work not requiring a building consent. Exemptions are detailed in a live document, which has been updated four times since it was released in 2014.
Exemptions are listed under Schedule 1 of the Building Act 2004.
Any building work relating to fences (which includes garden walls) and hoardings up to 2.5m high is covered by this exemption and will not need a building consent.
Fences to swimming pools are outside the scope of this exemption and will require building consent.
Hoardings are often put up around building construction sites and are only there temporarily to ensure public safety during the construction phase.
To check the height of a fence or hoarding against the 2.5m limit for this exemption, measure the vertical distance between the top of the structure and the supporting ground directly below.
Note that the fence will also still need to comply with the requirements of the Fencing Act 1978 for boundary fences. In many cases, district plans made under the Resource Management Act 1991 may also require you to obtain a resource consent for fences over a certain height (usually over 2m).
Below are some examples of fences that are exempt from requiring a building consent:
Constructing a 2m high concrete block wall along a boundary to create a private backyard.
Building a 2.2m high timber paling fence in a backyard to act as a windbreak for a barbeque area.
Resist or deflect wind loads.
Installing a 2.4m high hoarding around a construction site to ensure public safety.
Below are some examples of fences that do require a building consent:
A building owner proposes to erect a 3.5m high wire mesh fence around their tennis court, well clear of any boundaries. As the fence height is greater than 2.5m, building consent is required.
An owner wants to build a new timber fence with an overall height of 3m along the rear boundary of their property. As the fence height is greater than 2.5m, they will need to obtain a building consent.
The owner of a residential dwelling intends to extend a 2.8m high concrete block wall alongside a neighbouring boundary. As the fence height is greater than 2.5m, building consent is required.