澳洲关于自家或者邻居家修fence到底要不要分摊费用,

在澳大利亚房产房屋




最近大家在讨论fence的重建费用,邻居到底要不要分摊的问题,大家可以以维洲的这个法律程序为准看看,这不仅关系到邻里关系,处理不当,不太好。。。没准儿吃闷亏的还是咱们自己。。。其他州的可以参考当地政府的网站关于fence的问题faq

没有下载完整版的,字数不够,大家自己去网站看哈

http://www.disputes.vic.gov.au/fences-faqs

Fences FAQs

The following frequently asked questions are also available to download as documents at the bottom of this page.

What are my responsibilities? | What are the main changes?

Fencing Law in Victoria: What are my responsibilities?
If you are a property owner, new changes to the Fences Act  mean that you and your neighbour have equal responsibility for the dividing fence on your land.

What is the Fences Act?

The Fences Act contains rules about who pays for a dividing fence, the type of fence to be built, notices that neighbours need to give one another and how to resolve disputes that come up when discussing fencing works with your neighbour.

What is a dividing fence?

A dividing fence is a fence built to separate two pieces of adjoining land. It may or may not be located on the common boundary between the pieces of land as this depends on what is agreed between neighbours. The dividing fence might be located off the common boundary if, for example, there is an obstruction or waterway on the common boundary.

It does not include a retaining wall or any wall that is part of a house, garage or other building (although sometimes these types of walls may mean that a dividing fence is not needed, or is not needed for part of the boundary).

What should I do if I want to build a dividing fence or think my dividing fence needs repairing?

Talk to your neighbour informally first about the dividing fence between your properties. If you both agree that work needs to be done, then you might not need to follow the processes in the Fences Act. You might be able to agree on the type of fence, the contractor that you will employ, how the costs of the fencing works will be paid and the placement of the dividing fence. If you are able to come to an agreement like this with your neighbour, then the fencing works can go ahead as agreed.

However, you can not go ahead and build a dividing fence or do repairs on a dividing fence unless you either have your neighbour’s agreement or you follow the processes in the Fences Act. If you do not have your neighbour’s agreement, then before you arrange for any work to be done, you need to give your neighbour a notice that contains information about the work you are proposing (fencing notice).

What is a fencing notice?

A fencing notice is a formal document that sets out a proposal for construction or repair of a dividing fence or other works that need to be done. The regulations under the Fences Act include a pro forma notice which you can use which will cover all the necessary details for your neighbour. The pro forma fencing notices are also available on the Dispute Settlement Centre of Victoria website here.

The fencing notice includes proposals about: the line on which the works should be carried out; the type of works to be carried out; the person to be engaged to undertake the works; an estimate of the cost; and contribution proportions. You can hand the fencing notice to your neighbour personally or send it by post.

Do I have to use a fencing notice?

No, if you and your neighbour have agreed to the fencing works and any other works that need to be done, then a fencing notice is not required. You might agree about the works by signing a quote provided by a fencing contractor, for example. If you agree in this way, then you do not need a fencing notice.

Enforcement of agreements outside of the Fences Act—for example, if you did not give a fencing notice and reached a verbal agreement with your neighbour—would be subject to contract law and is not dealt with by the Fences Act.

What if my neighbour ignores my fencing notice?

If you have given a fencing notice to the person who owns the property next door, but 30 days have passed and they have not responded to the notice, you can proceed with the fencing works without their agreement and later recover their contribution by bringing an action in the Magistrates’ Court of Victoria.

What if I cannot find the person who owns the property next door?

If you do not have an agreement with your neighbour about work that needs to be done for a dividing fence, you need to give your neighbour a fencing notice. To do this, you need to be able to find the person who owns the property next door.

To locate them, you might need to make reasonable inquiries, including asking any tenant of the property next door about the owner’s whereabouts, and asking the local council. After making reasonable inquiries, if you still cannot find the owner of the property next door, you may go ahead with the fencing works. But it is important to know that if you want the owner of the property next door to contribute financially to the fencing works, and you have done the works without giving them a fencing notice or getting their agreement, then you will need a Magistrates’ Court order.

What if my neighbour responds to my fencing notice and does not agree to the works?

If the owner next door does not agree to the proposal in your fencing notice, you cannot proceed. You must negotiate an agreement or wait until the 30 days expires and then initiate an action in the Magistrates’ Court of Victoria. The Magistrates’ Court has the power to determine whether works are needed or not and, if so, what sort of fence should be built, the time within which the works should be carried out, how much each neighbour should contribute, and other matters. You can still negotiate or mediate at any point after the 30 days has expired. The Dispute Settlement Centre of Victoria may be able to assist with mediation.

To avoid the cost and stress of going to court, the Victorian Government has a free dispute resolution service called the Dispute Settlement Centre of Victoria. The Centre offers neighbours who are in dispute, an opportunity to meet together in mediation and with the assistance of mediators, reach an agreement that works for everyone. The service is free, informal and confidential.

You can contact the Dispute Settlement Centre of Victoria for advice on 1300 372 888.

What if my neighbour gives me a fencing notice, but I do not agree with their proposal?

You should talk to your neighbour and explain which parts of the proposal you do not agree with. It may be possible to negotiate an agreement. If you need assistance with your discussions, the Dispute Settlement Centre of Victoria may be able to help. The fencing notice has a section for you to complete if you would like to state in writing the parts of the proposal that you disagree with and suggest alternatives.

The process is the same as if you give a fencing notice and your neighbour disagrees: if you cannot reach agreement after 30 days, either of you may proceed with an action in the Magistrates’ Court of Victoria. The Magistrates’ Court has the power to determine whether works are needed or not and, if so, what sort of fence should be built, the time within which the works should be carried out, how much each neighbour should contribute, and other matters. You can still negotiate or mediate at any point after the 30 days has expired.

What happens if my neighbour and I disagree about the location of the common boundary?

If there is a boundary dispute, the 30-day period after which you can commence court action is suspended until the location of the common boundary is agreed or defined by a licensed surveyor.

If you and your neighbour do not agree about the location of the common boundary, either of you may give a boundary survey notice. This can be given at the same time as, or after, a fencing notice is given. It sets out your intention to have the common boundary defined by a licensed surveyor unless its location can be agreed. There is no prescribed notice.

The owner who receives the boundary survey notice can agree to the location of the common boundary, express their own view about the location of the common boundary, or engage a licensed surveyor to define the common boundary. If, after 30 days, the location of the common boundary has not been agreed or defined by a licensed surveyor, the owner who gave the boundary survey notice may engage a licensed surveyor

If you engage a licensed surveyor, you are responsible for telling your neighbour what the outcome was. In most circumstances, both owners must contribute to the costs of the survey.

Who pays for a dividing fence?

Generally, owners of adjoining land must contribute in equal shares to a dividing fence. The standard of fence that you must contribute to is a ‘sufficient dividing fence’, which will depend on the circumstances.

If you or your neighbour want a dividing fence that is of a higher standard than a sufficient dividing fence—like a higher fence or one made of more expensive materials—the person who wants this pays the difference in cost between a sufficient dividing fence and the higher standard. Alternatively, if you agree, you can split the cost of the higher standard fence.

What standard of fence do I have to pay for?

A number of factors are taken into account when determining what a sufficient dividing fence is for your properties—for example, the existing dividing fence (if any), the purposes for which you and your neighbour use or intend to use the land, reasonable privacy concerns and the types of fences used in your local area

For some residential properties, a sufficient dividing fence might be a 1.8 metre paling fence. For some rural properties, a sufficient dividing fence might be a wire and post fence.

Also, contributions cover more than just building or repairing the dividing fence. Neighbours are required to contribute in equal proportions to fencing works, and any other associated works to allow the fencing works to take place (called ‘subsidiary works’ in the Fences Act), required for a sufficient dividing fence. Depending on the circumstances, this may include clearing the land, removing the existing dividing fence, having the land surveyed and using temporary barriers.

What if there is a tenant renting my property? Do they have to pay anything?

Most residential or retail tenants do not have to contribute to fencing works, but some other types of tenants (like commercial tenants) may be required to contribute.

If your tenant falls into one of the categories that is covered by the Fences Act and has a term of five or more years still remaining on their lease, they may be required to contribute to the dividing fence. If they have between five and ten years remaining on their lease, they must pay half of your share. If they have more than ten years remaining on their lease, they must pay your full share.

However, a long-term tenant is only liable to pay if you give them particular notices that are required under the Fences Act. The tenant will then be able to participate in negotiations with you and your neighbour and their agreement to the works is required.

What should I do if the fence is damaged and needs to be fixed urgently?

Where a dividing fence is damaged or destroyed and needs to be replaced or repaired urgently, and it is impracticable to give your neighbour a fencing notice, you can undertake the fencing works without giving notice and without otherwise obtaining your neighbour’s agreement (although it would still be advisable to talk to them about what you are going to do).

Whether or not fencing works need to be carried out urgently will depend on the circumstances—for example, the damage might be caused by fire or flood and animals might be escaping or a pool might not be fenced.

If you undertake urgent fencing works and then want your neighbour to contribute to the cost, you will need to give them an urgent fencing notice. This notice includes things like the type of fencing works that were done, the cost and the reason for the urgency. It gives your neighbour an opportunity to have a say. Regulations under the Fences Act contain a pro forma urgent fencing notice which is available here.

Which owner gets to have the flat side of the fence facing into their property?

You and your neighbour can agree for the rails and framing of the fence to face into either of your properties, but the Fences Act contains some rules that apply if you cannot agree. These rules apply to some types of fences and not others, as not all types of fences have rails and framing.

If the dividing fence is between residential land and commercial land, then the rails and framing should face into the residential land. If the dividing fence is between residential or commercial land, and land over which the public has a right of access, then the rails and framing should face into the residential or commercial land.

If these rules do not apply (for example, if the dividing fence is between two residential properties), the rails and framing should go on the same side as the existing dividing fence if there is one. If there is no existing dividing fence, the rails and framing should go on the side least subject to weathering, which will depend on the circumstances. If necessary, a fencing contractor may be able to help you work out which side is the least subject to weathering (but usually the rails and framing will just go on the same side as the existing dividing fence).

What rights do I have if someone is damaging my dividing fence?

If an owner of land, or someone who has entered their land with the owner’s express or implied consent (like a tenant or visitor), deliberately or negligently damages a dividing fence, the owner must pay for any repairs to the dividing fence. However, this does not prevent the owner from recovering payment from the person who caused the damage. For example, if a tenant caused the damage, then this would most likely be a breach of the lease agreement.

You can also apply to the Magistrates’ Court for an order that any party cease an activity or discontinue conduct that is unreasonably damaging, or may unreasonably damage, a dividing fence.

What if my neighbour does not do what they agreed to do?

If you and your neighbour used the processes in the Fences Act and reached agreement on the basis of a fencing notice, there are provisions under the Fences Act to enforce that agreement. If your neighbour does not do what they said they would do, either within the time specified in the agreement or within 3 months of making the agreement, you can carry out the fencing works that are the subject of the agreement and/or recover the money from your neighbour that they agreed to pay.

Also, if the Magistrates’ Court has made an order about your fencing works and your neighbour does not do what they were ordered to do, either within the time specified in the order or within 3 months of the order being made, you can carry out the fencing works that were the subject of the order or recover money that your neighbour was ordered to pay.

Enforcement of agreements outside of the Fences Act—for example, if you did not give a fencing notice and reached a verbal agreement with your neighbour—would be subject to contract law and is not dealt with by the Fences Act.

If my property is next to a public park or Government owned land, does the Government have to contribute to the fencing works?

The amendments to the Fences Act have not changed the position that particular types of Crown land are exempted from contributions under the Fences Act. The Government may choose to contribute in some circumstances, but this is not required by the Fences Act.

The Fences Act also provides that where a municipal council or other body or person owns or manages land for the purposes of a public park or reserve, then they are not considered to be an ‘owner’ under the Fences Act and so do not have to contribute to fencing works for a dividing fence between that land and privately owned land.

Fences Amendment Act 2014: Main Changes

The main changes made by the Fences Amendment Act 2014 are set out below.

Combined process for construction and repair of dividing fences

The pre-amendment Fences Act 1968 contained separate processes in relation to construction of a dividing fence (Part I) and maintenance and repair of an existing dividing fence (Part II).

The Fences Amendment Act 2014 has one process for all fencing works and subsidiary works, whether those works involve construction of a new dividing fence or repair of an existing dividing fence. This simplifies the process.

Changes in liability for dividing fences

Under the pre-amendment Fences Act, the responsibility for undertaking fencing works and contributing to dividing fences was on occupiers of land. The Fences Amendment Act shifts this liability to owners of land in most instances, in recognition that a dividing fence is an improvement to the land that most often benefits the owner.

Under the Fences Amendment Act, the owner will generally be the registered proprietor of land or someone who holds an estate in fee simple. Owners corporations are also deemed to be owners in respect of dividing fences between common property in an owners corporation subdivision and external land.

There are some exclusions from the definition of ‘owner’ and, therefore, from fencing responsibilities. For example, municipal councils and others who own or manage land for the purposes of a public park or public reserve are excluded and the Crown exemption from contributing to dividing fences between Crown land and adjoining land remains unchanged.

The pre-amendment Fences Act also contained provisions for land occupied by a tenant, setting out how fencing contributions should be borne between tenant and landlord. With some small amendments, the Fences Amendment Act retains provisions that make long-term tenants of land liable to contribute to fencing works (see Part 4 below).

Contributions between owners and sufficient dividing fence factors

The pre-amendment Fences Act provided that contributions were to be in equal proportions to ‘a fence sufficient for the purposes of both occupiers’. However, little guidance was provided in relation to what is ‘sufficient’.

The Fences Amendment Act clarifies that owners must contribute in equal proportions to a ‘sufficient dividing fence’ and sets out a number of factors to be considered in determining what is a sufficient dividing fence. These factors include: the existing dividing fence, if any; the purposes for which the owners use the adjoining lands or intend for them to be used; reasonable privacy concerns; the types of dividing fences used in the local area; and other factors.

Other than in the agricultural context, the pre-amendment Fences Act did not address the situation where one occupier’s needs for particular standard of dividing fence exceeded the needs of the other occupier. The Fences Amendment Act clarifies that where one owner wants a standard of dividing fence that is greater than a sufficient dividing fence, that owner pays the difference in cost.

Changes in relation to contributions of long-term tenants

As under the pre-amendment Fences Act, long-term tenants were liable to contribute to fencing works in some instances. The Fences Amendment Act maintains this position, but provides for a simpler breakdown of contributions between owner and long-term tenant.





评论
感谢分享

评论


澳洲中文论坛热点
悉尼部份城铁将封闭一年,华人区受影响!只能乘巴士(组图)
据《逐日电讯报》报导,从明年年中开始,因为从Bankstown和Sydenham的城铁将因Metro South West革新名目而
联邦政客们具有多少房产?
据本月早些时分报导,绿党副首领、参议员Mehreen Faruqi已获准在Port Macquarie联系其房产并建造三栋投资联

过户律师,悉尼,买房卖房合同,看合同,conveyancer,律师,房产过户

房产房屋

电路维修和灯泡更换报价?

澳大利亚家里客厅和走廊的灯都不亮。大概有17、18个灯泡,是老式的嵌入式射灯,2米高,4层,一层。换一个新灯泡也不管用,我们认为电路有问题。 找了电工,上门费200,换个灯泡人工费50, ...

房产房屋

关于砍伐树木的问题

澳大利亚我家后院有一棵10多米的树。我最近获得了砍伐树木的许可。我在网上找了一家砍树公司报了个价。当我认为价格合适时,我同意了这个价格。官方价格尚未发送。我问他有没有保险,他 ...

房产房屋

公寓公共空间调查

澳大利亚大家好,我是UTS的学生,正在做居民对高层公寓公共空间的需求和满意度的调查。如果有朋友住在4楼或以上的公寓,他们能占你10-15分钟吗?几分钟宝贵的时间做问卷。参与问卷的朋友 ...

房产房屋

请问房子下面的承重柱选砖还是钢?

澳大利亚如题,加的部分离地2米,现在纠结是用砖柱还是钢柱。请帮忙分析价格和质量。谢谢 评论 我在找结构工程师,我这里说的不算 评论 砖墩之间的最大距离不能超过3米,最小290x290mm一张 ...

房产房屋

小户型(共4套)卖5000万,什么情况

澳大利亚小户型(一共4户)5000万卖,怎么回事,挂卖家名卖了 http://www.domain.com.au/77-81-... nsw-2027-2018476036 评论 Harbour front , 超过1,000平方米的土地,12间卧室,12间浴室和8个停车位,可欣赏歌剧院 ...

房产房屋

新壁炉首次使用

澳大利亚为什么第一次使用新的木柴壁炉要先烧一小柴(量不要太多),然后打开炉门? 点评 大柴不容易一下子点燃,小柴堆起来,很容易从下面生火。开门吸更多氧气。 评论 另外,炉门不是 ...

房产房屋

如果您有定制的中国进口橱柜,请输入

澳大利亚看来市场很不一样。国内流行的奥地利爱格门板在澳洲好像没有。 定制过中国进口橱柜的朋友们,你们是怎么选择橱柜厂的,选择什么样的产品呢? 和中国本土的橱柜厂(也是从中国进 ...

房产房屋

请推荐直饮水机

澳大利亚类似于公司里的水龙头,同时出热水和出冷水。柜子里装了过滤器,不过是家用的。有靠谱的牌子吗?我懒得一直烧热水了。谢谢。 点评 Zip water 点评 Zip,部分型号还可以生产气泡水 ...

房产房屋

Owner builder 家长可以给孩子盖房子吗?

澳大利亚在VIC,女儿房子的父母可以是业主建造者吗?当然,所有权是我的女儿,还不到20岁,我不想自己动手。网上查不到,特地过来问一下,谢谢。 点评 owner builder,顾名思义,就是自己建 ...

房产房屋

HIA 装修合同

澳大利亚O.P. 我们正在审查建筑商提供给我们的 HIA 维多利亚式改建、增建和翻新合同草案,并在下周签署合同之前。 很多事情看起来很简单,但我想知道如果有人可以就以下事项和注意事项提供 ...

房产房屋

租约中断

澳大利亚O.P. 大家好, 由于不幸的情况,我不得不提前解除在 VIC 的租约,需要最少的通知。发出通知时,租约还剩大约 6 个月。 租房期间,我每周支付 500 美元。一旦收到租约中断通知,代理人 ...

房产房屋

现实的体积生成器价格?

澳大利亚O.P. 我听说很多建筑商的底价不包含很多东西,但在墨尔本,您可以实际以 30 平方米左右的 4 床位购买中低档建筑的价格是多少? 例如,Henley 在 2023 年的今天将许多产品的基本价格定在 ...

房产房屋

第 27 条没有给买家?

澳大利亚O.P. 我目前正在出售我的房子,并且已经无条件出售。我的产权转让人已向购买者产权转让人提供第 27 条。 但是,他们无视我的产权转让人的所有联系方式,而且我知道这些信息并未提 ...