Fences & the Law

All fences exceeding 2.1 metres in height, or masonry fences (brick, stone) that exceed one metre in height, require Development Approval. In addition, a fence that exceeds 1 metre in height and is within 6 metres of the intersection or junction of any street will require approval.

Retaining walls/excavation & fill

A retaining wall is not a fence, though they are sometimes used as a base for fencing. In this instance, it will require approval if the wall increases the height of the fence in excess of 2.1m, or if the wall is retaining a difference in ground level of more than one metre. Excavation exceeding 600mm on the boundary or fill which is more than 200mm high within 600mm of the boundary is prescribed building works and carries obligations to adjacent properties. Advice should be obtained from Council's Building Officers when considering a retaining wall for the purposes of fencing.

Council's only become involved with fencing in a development role ensuring proposed fencing is within the parameters described above or to ensure the fence is consistent with the requirements of the Development Act and Building Code of Australia. Any other issues that may arise from erecting a fence, ie neighbor mediation/negotiation, are handled by the Legal Services Commission.

The Fences and the Law booklet can be found on the Legal Service Commission website.

Legal helpline (free advice and information Monday to Friday 9am to 4.30pm) 1300 336 424 (TTY 8463 3691).

Whyalla Office
Tenancy 7
169 Nicolson Avenue
Whyalla Norrie SA 5608
Telephone: 08 8648 8940
Fax 08 8648 8950