This page provides an overview of the planning and building requirements for constructing front fences, dividing fences and retaining walls. To build a fence or retaining wall you may need planning/development approval, building approval, or both.
Definitions
Front Fences
A front fence is a wall, screen or barrier that adjoins a street boundary or is located in the front and secondary street setback area.
Dividing Fences
A dividing fence separates the land of different owners along the common boundary of adjoining lands or on either side of the common boundary. It is subject to an agreement between property owners.
If you are a property owner and want to build a dividing fence, you should know your obligations and responsibilities under the Dividing Fences Act 1961 (WA) before construction.
Important note: We do not administer the Act. Please direct any dividing fences disputes to the Department of Mines, Industry Regulation and Safety. We can only pursue dividing fence matters if the fence is suspected to be unsafe or dangerous.
See our Planning and Building Compliance page or the Department of Mines, Industry Regulations and Safety page for further information.
Retaining Walls
A retaining wall is a wall or structure that is designed and constructed to support soil at a slope that cannot naturally be supported. It may be required where any changes in the natural ground levels are proposed.
Pool and Spa Safety Fences
All private swimming pools and spas must have a compliant safety barriers to stop young children from accessing the area. For more information about the requirements for pool and spa fences, see our Swimming Pools and Spas page.
Planning/Development Approval for Fences and Retaining Walls
Front fences
Planning/development approval is not required for a front or secondary street fence which complies with the following:
- The maximum pier height is 2.0 metres
- The maximum height of a solid portion to the front fence is 1.2 metres.
- Maximum height of infill panels is 1.8 metres to the top of the panels;
- Fencing that is higher than 1.2m, but no higher than 1.8m, must comply with the visually permeable requirements set out by the R-Codes which define this as:
- Continuous vertical or horizontal gaps of 50mm or greater width occupying not less than one third of the total surface area;
- Continuous vertical or horizontal gaps less than 50mm in width, occupying at least one half of the total surface area in aggregate; or
- A surface offering equal or lesser obstruction to view.
- A suitable sightline truncation is provided. The fence should be reduced to no higher than 0.75m within 1.5m of where it adjoins vehicle access points where a driveway meets a public street or where two streets intersect. Alternatively, the fence may be designed with the following features:
- One pier to a maximum width located within the truncation area;
- Maximum wall height in the truncation area 0.75m from the verge height directly adjacent to the wall; and
- Fencing within truncation area is 80% visually permeable
- A portion of fencing without permeable infill panels is permitted on the secondary street to a maximum height of 1.8 metres where it abuts the main primary outdoor living area. The remainder of the fencing should be visually permeable as outlined above.
Note:
- Where a retaining wall is visible above the road reserve level, the visible height of the retaining wall is to be taken into account in the assessment of the fencing height.
- Where a swimming pool is located in the front setback or secondary street setback In addition to meeting the above requirements, you will need to ensure the fencing is compliant with Australian Standard 1926.1-2012 requirements.
If the proposed fencing does not meet the above requirements, you can submit a planning/development application. We will assess the proposal against the
Dividing fences
Planning/development approval is not required for dividing fences. The requirements for dividing fences are set out in the Dividing Fences Act 1961 (WA) and the our Local Law (By-laws) Relating to Fences.
Retaining walls
Planning/development approval is not required for retaining walls up to 500mm above natural ground level. If you wish to build a retaining wall higher than 500mm, you will need to lodge a planning/development application.
Building Approval for Fences and Retaining Walls
Front Fences
Generally, building permit approval is not required for a front or secondary street fence which complies with the following:
- If it is constructed of masonry (limestone, brick or similar), it is no more than 0.75m in height
- if constructed of a material other than masonry, it is no more than 1.8m in height
- it is not located in wind region C or D as defined in AS 1170.2.
If the proposed fence forms part of a private swimming pool or spa barrier, you will need to comply with Australian Standard 1926.1-2012 and will need building permit approval. See our Swimming Pools and Spas page for more information.
Dividing Fences
Generally, a building permit is not required to construct a dividing or boundary fence using material such as fibro-cement sheets, colorbond or timber.
If the proposed fence forms part of a private swimming pool or spa barrier, you will need to comply with Australian Standard 1926.1-2012 and will need a building permit. See our Swimming Pools and Spas page for more information.
Retaining Walls
A Building Permit is required where a proposed retaining wall is to be used to retain soil exceeding 500mm in height, is an addition to an existing retaining wall and/or in the case of tiered walls, the walls soil to be retained exceeds 500mm in total height. If excavation (cut) is required near adjoining properties, a building permit may still be required even though the retaining proposed is under 500mm. Therefore, for site specific building permit requirements, please liaise with the City of Melville Building Services.
Some retaining walls may not require approval, please see the Building Regulations, Schedule 4, Clause 2 item 6, for clarification or contact the City of Melville Building Services.
Who is responsible for the retaining wall between neighbours?
Each landowner has an obligation to retain soil where alteration to ground levels occur on or near their property. Adjoining owners who have both undertaken earthworks should negotiate a proportional based agreement when retaining walls are required along a common boundary.
If an agreement cannot be reached through arbitration and mediation, owners should seek legal advice.
Encroaching or adversely affecting other land
The construction of retaining walls in close proximity to a boundary may cause an encroachment or adverse impact to occur on the adjoining property. For example, if the retaining wall requires backing blocks to be placed beyond your boundary line or footings to cross over the boundary then you would be encroaching. Retaining walls can also reduce the bearing capacity (the ability of the soil to support a structure) of the higher side due to structural limitations.
The Building Act 2011 requires the adjoining landowner’s consent where works affect their land. If you require this consent, it must be provided as part of your Building Permit application. Please refer to Building & Energy’s website for further information on work affecting other land.
Positioning of dividing fences near retaining walls.
A dividing fence is to be positioned on the higher ground of a retaining wall, which abuts a common boundary. A dividing fence which is fixed to a retaining wall will require a structural engineer to design the installation.
Please note that this information is general only and not the City’s policy. Retaining wall costs are entirely a civil matter and the City is not able to proportion costs.
Lodging a Planning/Development or Building Application for fences and retaining walls
You can lodge and track most building and planning/development applications online, however some applications must be submitted in-person at our Civic Centre.
Lodge and Track a Building and Planning Application
The following guides provide more information about what to include in your application:
Planning/Development Approvals
Timeframes
We aim to process applications within the following guidelines:
- Where we don’t need to consult with neighbours or external agencies: 60 days.
- Where we need to consult with neighbours or external agencies: 90 days.
These timelines may sometimes be extended in consultation with the applicant.
Fees and Charges
Planning/development application fees are calculated based on the contract value of the project and are listed on the Planning Fees Schedule. The fee for projects with a contract value less than $50,000 is $147.
Building Permit Applications
Timeframes
We process all certified applications (BA1 forms) within 10 working days, and all uncertified applications (BA2 forms) within 25 working days.
You should apply for a certified application (BA1) when you have had the plans, specifications and technical documents assessed by a registered private building surveyor and have been issued a Certificate of Design Compliance (BA3). You should apply for an uncertified application (BA2) when your plans, specifications and technical documents have not been assessed by a private building surveyor and they will need to be assessed by our building surveyors.
If we need further information to assess your application, you will have up to 21 calendar days to provide any outstanding information. We then have balance of the remaining 10 working days to provide a determination.
If you do not provide the outstanding information within the 21 days, we may refuse your application.
Fees and Charges
See all our building permit fees in our Building Permit Fee Schedule, or use our online fee calculator to estimate your building fees.
Verge Bond Fee
For building projects over $20,000, you will need to pay a verge bond. A verge bond is held by us to ensure that any damage caused to City verge infrastructure during construction works is rectified to pre-works condition.
- Verge Bond - $1,900.00
- Verge Bond Inspection Fee (non-refundable) - $100
To find out more and apply, visit our Verge Bonds and Refunds page.
CTF Levy
If your project has a construction value of more than $20,000, you will need to pay the Construction Training Fund (CTF) Levy. The rate of the levy is 0.2% of the total value of construction (inclusive of GST).
Asbestos Fences
If you are planning on removing or altering an asbestos fence, or a fence you think may contain asbestos, it's important you follow appropriate safety precautions. Visit our Asbestos page for more information.
Planning/Development and Building Advice for Fences and Retaining Walls
The advice on this page is a general guide only. We encourage you to contact us to discuss your project so we can advise whether planning/development or building approval is needed. A planning officer and a building officer are available during business hours to provide advice on a range of matters either in person, over the phone, or by email. Depending on the complexity of the advice being sought, we may ask you to lodge a request for written planning advice and a fee of $73 will apply.
Guiding Documents