NPDC will contribute to the costs of erecting a common boundary fence on reserves or general council property (excludes roads as per the fencing Act 1978 - see below).
Our half share will be based upon actual costs and the current average industry rate (e.g. for post and rail fences the amount payable will be half the cost of the supplied written quote).
You will need to organise the building of the fence and you must contact us before you start.
The Fencing Act requires that claims are made before any work is done. Please do not start work until we have inspected the site and notified you of our decision regarding a contribution. If you have not obtained our agreement before you start your fence, we do not have to contribute towards the cost of the fence (Schedule 2 Fencing Act 1978).
Unless immediate work is required due to damage caused by a sudden accident, written approval must be obtained from us prior to works proceeding for us to contribute.
If your application is approved and the fence has been installed, contact us for an inspection. A council officer will inspect the fence to make sure it is on your true legal boundary and is structurally sound.
Once the inspection has been carried out, submit to us the invoice/receipts for the work done/material purchased, quoting the application address. We will pay the pre-agreed share either by cheque or by direct debit into your nominated bank account.
A fence must be “adequate”. This is defined as a fence that “as to its nature, condition, and state of repair is reasonably satisfactory for the purpose that it serves or is intended to serve”. This is a question of fact in each case and also includes a qualitative aspect; a fence that has become an eyesore that no reasonable person would endure cannot be said to be “reasonably satisfactory”.
Specimen fences are set out in Schedule 2 Fencing Act 1978 as examples and are not appropriate for all circumstances.
Other factors to consider are:
Under the Fencing Act 1978, the general rule is that neighbours are obliged to contribute to the cost of an adequate fence between their properties provided the procedures in the Act are followed.
The Fencing Act does not apply to, among other things:
A fencing covenant is an agreement that one neighbour does not have to contribute toward the cost of a fence between two neighbouring properties.
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Page last updated: 05:50PM Tue 26 September 2023