The erection and maintenance of dividing fences on the boundary are a matter between neighbours and as such are dealt with by the Dividing Fences Act 1961 which is administered by the Department of Commerce.
For more information on dividing fences please contact the Department of Commerce on 1300 489 099 or pick up a booklet from the Shire Administration Offices or visit the Department of Commerce web site at: https://www.commerce.wa.gov.au/publications/dividing-fences-guide
If you are intending to construct a fence within the front setback of the property then you may construct a 1.2m high fence without approval.
Any fence in excess of 1.2m high requires Shire approvals and must comply with the Shire of Kalamunda Fencing Local Law and the Residential Design Codes. Please refer to building’s Information Sheet 7 for further advice.
A copy of the fencing local Law can be downloaded here: Shire of Kalamunda Fencing Local Law
It is an offence to unilaterally remove a fence. Under the Building Act 2011 there is a $10000 penalty for removing a fence without the adjoining neighbours consent.
Download Booklet: General Information about Dividing Fences Act
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