Fences between Private and Council Land

Fences between Private and Council Land

Under the Fences Act and City of Mitcham’s ‘Property Management Policy 16.04’, Council is liable to contribute to a dividing fence, if it meets the set criteria.


Check whether you are eligible to apply for funding:

Is the Council land that abuts your property:

  • Thoroughfare to which the public has access?
  • Used for drainage reserve purposes?
  • Is more than 1 hectare in area?

If you are unsure of the answers to the above questions, please contact our Open Space Officer on 83747794 to assist you in this process.

If ‘Yes’ has been chosen to any of the questions, then Council is not required to contribute, and an application will be refused.

If you answered ‘No’ to all questions, then commence the application process.

Application form available here.


Council considers that a 1.5 m high galvanised iron fence is an adequate fence excepting whereby encumbrance or some other legal requirement a fence of differing style or type is required and is prepared to contribute up to one-half of the cost of such a fence.

Council will give consideration to a 1.8m high colorbond fence where it can be demonstrated that this style of and type of fencing is representative of the fencing that borders the subject land under the care and control of Council.

Council is prepared to meet 50% of the cost of repairs to a fence between a Council property (not being a thoroughfare to which the public has access, used for drainage reserve purposes or is more than 1 hectare in area) and private property, subject to the repairs being considered necessary.


  • A completed application form, including a plan showing the proposed fence and site plan
  • Detailed description of type of fence or repairs proposed
  • Three (3) quotes


What happens once Council receives an application?

  • Council will assess the application, and notify you of their decision, and if successful the amount Council will contribute.
  • All works must be completed within 6 months of notification, and the following information provided:
    • Your bank details for EFT payment
    • Photographs of ‘before and after’ work
    • Photocopies of the paid accounts

Reimbursement of the agreed amount will be deposited into your nominated bank account once sign off has been given.

Do you need to provide a sketch or plan with your application?

Yes. Each application requires a clear, accurate sketch or plan submitted with your application of your proposed works as well as if vehicle access is required to Council land.

How long prior to proposed works do you need to make the application?

Whilst Council will attempt to process your application quickly, you should apply at least four weeks before work will commence on the fence.

What if a property owner or contractor requires vehicle access to Council land?

A Permit is required if you need to temporarily access Council land for private works. Please click here for more information.

What if a property owner or contractor causes damage to Council land?

Any damage to Council land will be repaired/reinstated to City of Mitcham standards.  Should restoration not be completed within a reasonable time as determined by Council, and/or the area is left in an unsafe condition, the City of Mitcham will reinstate the area at the applicant’s expense.