What builders need to confirm before quoting for fencing

Boundary location, consent requirements and agreements between adjoining owners can affect the scope, cost and timing of a fencing project – even where the fence itself does not require building consent

Pricing a residential fence involves more than measuring its length and selecting materials. The proposed location, height and specification sit alongside legal requirements governing boundary fences and contributions from neighbours.

The Fencing Act 1978 covers the erection, replacement, repair and maintenance of dividing fences. Its definition of fencing work also includes survey work necessary to determine the boundary.

For builders, this makes boundary identification part of establishing the job’s scope, as an existing fence may not follow the legal boundary.

Establishing the boundary

Locating survey pegs is the first step tradies need to take. If pegs are missing, a surveyor can establish the boundary and replace them. Council aerial maps may provide an approximate indication.

Consumer NZ says fenceposts should be positioned on the boundary line, or as near to it as practicable. Where there are no posts, the middle of the fence should follow the boundary.

The distinction also matters when a fence is used as a reference for other construction. BRANZ’s setting-out guidance explains that a wrongly positioned house may breach district-plan requirements or Building Code separation requirements.

A fencing quote can therefore involve a survey requirement as well as the physical construction, depending on how clearly the boundary has been established.

Confirming height and consent requirements

MBIE’s guidance states that building work associated with a fence or hoarding not exceeding 2.5m above supporting ground is generally exempt from building consent.

The height is measured vertically from the supporting ground directly below to the top of the structure. A proposed height therefore needs to be considered against the ground beneath the fence, including along a sloping site.

The building consent exemption does not settle every approval requirement. MBIE notes that district plans may require resource consent for fences above a specified height (usually over 2m), even where the building consent exemption applies. Even if the fence is consent exempt, it will still need to comply with the requirements of the Fencing Act 1978 for boundary fences.

Fences restricting access to residential pools are excluded from this exemption and require building consent.

The Law Society also notes that some district and regional plans regulate fence height, colour and proximity to rivers, streams and lakes. Fencing agreements or covenants may affect obligations between adjoining owners.

Establishing the specification and contribution

The Fencing Act defines an adequate fence as one that is “reasonably satisfactory for the purpose that it serves or is intended to serve”.

Consumer NZ explains that a neighbour does not have to contribute more than half the cost of an adequate fence. If one owner wants a more expensive design, that owner may have to meet the additional cost. Existing agreements or covenants can also change contribution arrangements.

Where agreement cannot be reached, the formal fencing-notice process sets out the proposed boundary, fence type, builder, estimated cost, purchasing arrangements and start date.

The recipient has 21 days to object through a cross-notice. Under the Act, failure to object within that period constitutes agreement to the proposals. If a cross-notice is served, differences must be resolved before proceeding under the notice process.

These arrangements affect both the specification being priced and when construction can begin.

Access and disputed fences

Access to neighbouring land is another consideration. Consumer NZ says a neighbour can refuse entry, although a court or tribunal order may authorise access at reasonable times for fencing work.

Disputes can also concern the finished fence. An application can be made to the District Court under the Property Law Act 2007 to remove or alter a fence detrimentally affecting land or obstructing a view. The reasonable cost of implementing an order generally falls on the applicant, unless the court directs otherwise.