Neighbourhood law – frequently asked questions

The timber fence between my house and the place next door needs to be replaced. My neighbours want to put up a brick wall, which is much more expensive. Do I have to pay half?
Is there anything I can do about my noisy neighbours?
Can I cut off branches from my neighbour’s tree that hang over my side of the fence?
Do my neighbours have to agree to renovations I want to make to my property?
Is there anything I can do if I think my neighbour’s dog may be dangerous?
Am I responsible if someone hurts themselves while on my property?

The timber fence between my house and the place next door needs to be replaced. My neighbours want to put up a brick wall, which is much more expensive. Do I have to pay half?

Problems with fences are the joint responsibility of the owners of the houses on each side. If the fence needs to be repaired or replaced the owners need to discuss it, make decisions together and share any costs.

If one property owner insists on putting up a much more expensive fence, the other owner only has to pay half the cost of a fence similar to the existing fence. Any extra must be paid for by the owner who wants the improvement.

If property owners can’t agree, they can ask the Magistrates' Court to decide the dispute. Get legal advice before you decide to take the matter to court.

It is usually quicker and cheaper to resolve disputes out of court. The Dispute Settlement Centre of Victoria can help you.

Dispute Settlement Centre of Victoria

Is there anything I can do about my noisy neighbours?

Generally there are council by-laws to resolve problems caused by unreasonable noise levels from cars, dogs that bark constantly and lawn mowers, power tools, air conditioners and musical instruments.

Contact your local council to find out what the rules are in your area.

It’s always best to try to resolve the problem by talking with your neighbour first. The disputeinfo website has information and a step-by-step guide to resolving disputes about noise.

disputeinfo

Can I cut off branches from my neighbour’s tree that hang over my side of the fence?

It is every property owner's responsibility to make sure nothing escapes from their land into the land adjoining, including tree branches and roots.

If trees overgrow, you can cut off the offending branches and place them on the neighbour's side of the fence. Discuss this with your neighbour first. They may be happy to do it themselves.

The same rules apply for tree roots, which can cause damage to plumbing and foundations. Expert opinions from plumbers or engineers are often needed to resolve disputes about what is causing the damage. Once you know what is causing it, and if it is something coming from the neighbour's land, a simple discussion may resolve things.

The Dispute Settlement Centre of Victoria can help you if you and your neighbour can’t agree.

If the matter still can’t be resolved, the Magistrates' Court can hear the case, but this can be expensive and take a long time.

Dispute Settlement Centre of Victoria

Do my neighbours have to agree to renovations I want to make to my property?

If you are considering building or renovating there are generally two approvals that may be required before you start: a town planning permit and a building permit.

Always check which permits you need with your local council. You may be fined if you do work that is not authorised, and you may also be required to undo or rectify work done without the necessary permits.

Sometimes the local council may require you to advertise to the neighbours and/or place a sign on the front of the property. Neighbours can visit the local council office to view the plans and make comments. This is done at the planning stage.

There are many issues that need to be taken into consideration before a planning permit is issued, including whether the building will overshadow and/or overlook other buildings. Environmental issues and the general amenity and character of the area can also be relevant.

Before applying for a planning permit (and before purchasing a property), it is wise to check the planning zoning that applies to your property. Most councils include information about planning schemes on their websites. The planning officer at your council may be able to help if you need more information.

Is there anything I can do if I think my neighbour’s dog may be dangerous?

If an owner knows that an animal has a particular pattern of behaviour (such as biting) they are legally responsible for any damage the animal does to people or property.

But if the animal has never injured anyone and it behaves in a very unusual way for that animal, the law says the owner could not have done anything to prevent what happened and the owner is not responsible.

Owners are responsible for any damage their animal causes if it wanders onto a road. For example, if a car swerves to avoid hitting a dog on the road and hits a fence instead.

If you have a problem with a neighbour’s pet, try talking to the neighbour before making a formal complaint to your local council or police station.

Victoria Law Foundation – ‘Dogs, cats, neighbours and you’ publication

Am I responsible if someone hurts themselves while on my property?

The owner or occupier of a particular property is responsible for any injuries suffered by people visiting the house, whether they are friends who have dropped by or been invited in, or tradespeople working on the house.

There are exceptions to this. For instance, people who are illegally on the property will not usually be able to sue for injuries they may suffer.

The law will take into account whether or not the cause of the injury was known before the injury happened. For example, a situation where a broken step that needed repair collapses under someone and injures them will be treated differently from an injury resulting from a hazard that was impossible to detect, such as a wiring defect.

In some circumstances, owners can be responsible for injuries that happen to people who are visiting houses occupied by tenants. Not only can the tenants be held responsible for not keeping the house in good repair, the owner can be too.

Most insured owners will have 'occupier's liability' insurance. This covers injuries suffered by tenants or anyone else using or visiting the property.