Residential fences
A front fence includes walls, screens, or retaining walls located at the front of a property.
When Do You Need Council Approval?
You must apply for a building permit if:
- The fence is taller than 1.2 metres in a Residential Zone.
- The fence is more than 750mm high and within 1.5 metres of a driveway.
All fencing materials must follow the City of Kwinana Fencing Local Law.
Dividing Fences
If your front fence also separates two properties, it may be considered a dividing fences under the Dividing Fences Act 1961. You may need to consult your neighbour before making changes. The City does not manage this Act, but you can find more details in the 'Dividing Fences Guide' from the DMIRS - Department of Building and Energy website.
A dividing fence is a fence that separates the land of two different property owners. It can be on the common boundary or a different agreed line, but it does not include a retaining wall.
If you need to repair, maintain, or install a new dividing fence, it is recommended that you negotiate with your neighbour. The Dividing Fences Guide', from DMIRS - Department of Building and Energy, provides useful advice on this process.
Reaching an Agreement
It is best to put any agreements in writing to avoid misunderstandings. A written agreement can help if a dispute arises and the matter needs mediation or legal action.
Here are some steps to help reach an agreement with your neighbour:
- Sharing guidance on the Dividing Fences Act 1961
- Explain your reason for the new fence, such as safety for a pool.
- Understand their concerns, especially about protecting their property and pets during construction.
- Discuss payment options, such as allowing more time to pay or setting up a payment plan if needed.
All fencing materials must comply with the City of Kwinana Fencing Local Law.
For more details, refer to the Dividing Fences Guide', from DMIRS - Department of Building and Energy.
Retaining walls - residential
Retaining walls help manage ground levels on a property.
When Do You Need Approval?
- Large retaining walls require a building licence before construction.
- Some may also need development approval from the City’s Planning Service.
- Small retaining walls may not need approval, depending on their size and impact.
For more details, visit the Retaining Walls Residential Lots Information page.