Do I need council approval for a fence in NSW?
The NSW rules for boundary and front fences on residential, rural and conservation-zoned land, cited to the clause, and a free check of your lot.
In NSW a fence in zones R1, R2, R3, R4 and RU5 needs no council approval if it is no higher than 1.8 m (1.2 m along the street, at least 20% open above 400 mm), has no masonry above 1.2 m, and meets the other standards below. Rural, conservation and R5 lots have their own rules (post and wire or post and rail, up to 1.8 m). A fence on a heritage item lot or a flood control lot needs approval. The Dividing Fences Act 1991 applies to a fence shared with a neighbour either way.
Exempt if it meets every standard
From Codes SEPP Part 2, Division 1, Subdivisions 17, 17A and 18 (clauses 2.33 to 2.36), plus the general requirements in clause 1.16 (it must meet the Building Code of Australia and must not be on State Heritage Register land, among others).
| Zones R1, R2, R3, R4 and RU5: no higher than 1.8 m above existing ground level | cl 2.34(1)(a) |
| Zones R1, R2, R3, R4 and RU5: no masonry higher than 1.2 m | cl 2.34(1)(b) |
| Along the street boundary or in the street setback: no higher than 1.2 m and at least 20% open above 400 mm (solid parts no wider than 350 mm, gaps at least 25 mm) | cl 2.34(2) |
| Stepped on a slope: 1.2 m fences up to 1.5 m, and 1.8 m fences up to 2.2 m, at each step | cl 2.34(5) |
| Gates do not open outwards | cl 2.34(1)(c), 2.36(1)(d) |
| On bush fire prone land: non-combustible materials or hardwood | cl 2.34(1)(e), 2.36(1)(f) |
| Metal parts low-reflective and factory pre-coloured | cl 2.34(1)(f), 2.36(1)(g) |
| Zones R1, R2, R3, R4 and RU5: no electric fence or barbed wire | cl 2.34(1)(g) |
| Rural zones RU1, RU2, RU3, RU4, RU6, conservation zones and R5: no higher than 1.8 m (2.2 m at each step on a slope), post and wire or post and rail, masonry only within 3 m of the entrance | cl 2.36(1)(a)-(c), (2) |
| Rural, conservation and R5: electric fencing to AS/NZS 3014; on a flood control lot, must not redirect or interrupt water flow | cl 2.36(1)(h), (i) |
| Koala habitat or movement corridor: the council's koala policy applies | cl 2.34(1)(d), 2.36(1)(e) |
| Pool fences in zones R1, R2, R3, R4 and RU5 are exempt if they comply with the Swimming Pools Act 1992 | cl 2.34A, 2.34B |
Land where it is never exempt
| Not on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item | Codes SEPP cl 2.33(a), 2.35(a) |
| Not along the street boundary or in the street setback in a heritage conservation area | cl 2.33(b), 2.35(b) |
| Zones R1, R2, R3, R4 and RU5: not on a flood control lot or in a foreshore area | cl 2.33(c), (d) |
If it does not meet the standards
A fence that misses a standard, or one in a business, employment or industrial zone (which has its own rules in Subdivision 19), needs checking with the council or a certifier and usually a development application.
Other projects
Rules current to the version in force from 23 October 2026: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and State Environmental Planning Policy (Housing) 2021. Plain-English summaries; the legislation is the authority. The address check uses the NSW zoning, cadastre, heritage, bush fire prone land, acid sulfate soils and flood planning maps we hold, which can lag the council's. It is a guide, not a planning certificate or legal advice. Based on content from the New South Wales Legislation website at 12 November 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. © State of New South Wales. Licensed under CC BY 4.0: https://creativecommons.org/licenses/by/4.0/
Common questions
Do I need council approval for a fence in NSW?
In NSW a fence in zones R1, R2, R3, R4 and RU5 needs no council approval if it is no higher than 1.8 m (1.2 m along the street, at least 20% open above 400 mm), has no masonry above 1.2 m, and meets the other standards below. Rural, conservation and R5 lots have their own rules (post and wire or post and rail, up to 1.8 m). A fence on a heritage item lot or a flood control lot needs approval. The Dividing Fences Act 1991 applies to a fence shared with a neighbour either way.
What if it does not meet the standards?
A fence that misses a standard, or one in a business, employment or industrial zone (which has its own rules in Subdivision 19), needs checking with the council or a certifier and usually a development application.
Where do these rules come from?
From the NSW Codes SEPP Part 2, Division 1, Subdivisions 17, 17A and 18 (clauses 2.33 to 2.36). The rules are statewide, so they are the same in every council area, but the lot's zone, size and planning overlays change which ones apply.