Do you need council approval for a fence in NSW?

Published 28 October 2026

Fence heights you can build without approval in NSW

For homes in Zones R1–R4 and RU5, which covers most of Maitland's suburbs, an exempt fence must:

• be no higher than 1.8 m above existing ground level, and no more than 1.2 m of it masonry
• along a road frontage or in the front setback, be no higher than 1.2 m and at least 20% open above 400 mm, with solid parts no wider than 350 mm and gaps of at least 25 mm
• on a corner block, follow the front-fence rule for only half the length of the secondary road boundary, measured from the corner
• on a slope, step down so that a 1.8 m fence is no more than 2.2 m high at each step (1.5 m for a 1.2 m fence)
• not have a gate that opens outwards (pool gates are the exception: they open away from the pool)
• if metal, be low-reflective and factory pre-coloured; and not use barbed wire or an electric fence
• on bush fire prone land, be non-combustible or hardwood

Maitland City Council's fences page summarises it the same way: most boundary fences can be built without approval "provided the lot is not identified as subject to flood controls, or heritage restrictions".

Fences on a flood control lot

A fence in a residential zone is not exempt development on a "flood control lot" (cl 2.33(c)), and your council's section 10.7 planning certificate says whether your lot is one. That leaves a complying development certificate, possible only on a part of the lot certified as outside the floodway, flood storage and other high-risk areas and designed not to restrict floodwater, or a development application. Repairing a fence damaged in a natural disaster like-for-like within 2 years can still be exempt (cl 2.30AA–2.30AB). See fences on flood-prone land in Maitland.

The NSW Planning Portal's own summary of the fence rules (last updated 2023) doesn't mention flood control lots, so don't rely on it alone.

Fences in Maitland's heritage conservation areas

The Maitland LEP 2011 has seven heritage conservation areas: Aberglasslyn House, Bolwarra, Central Maitland, East Maitland, Lorn, Morpeth and Regent Street. In them, a fence along a road frontage or in the front setback isn't exempt, and neither is a fence on a heritage item's lot or along its shared boundary, which also affects the neighbours of a heritage item. A side or rear fence behind the building line can still be exempt.

Removing the old fence is a separate question: demolition is never exempt in a heritage conservation area (cl 2.25), so ask council before the old fence comes down; council can confirm in writing that minor work is acceptable (LEP cl 5.10(3)).

For fences that need consent, the Maitland DCP 2026 says front fences in a heritage conservation area "must be no higher than 1.2m in height, unless there is evidence that the original heritage fencing was higher", should be open rather than solid, and should suit the house: timber pickets, low masonry or hedges. Clip-lock and painted steel side fences forward of the building line "are not supported".

Fences on rural and large lots

In rural zones and R5 large-lot residential, an exempt fence must be post and wire or post and rail, no higher than 1.8 m, with no outward-opening gate; on a flood control lot it must not redirect or interrupt the flow of water (cl 2.35–2.36). A Colorbond or paling fence on those lots needs approval. Maitland's DCP adds, for rural dwellings that need consent, that front fences stay under 1.2 m and no more than 50% solid.

Fences on bush fire prone land

An exempt fence on bush fire prone land must be "non-combustible materials or hardwood", so a treated pine paling fence doesn't qualify. The RFS's Planning for Bush Fire Protection 2019 asks for hardwood or non-combustible fences in bush fire prone areas, and non-combustible only within 6 m of a building or at BAL-29 or above. A draft 2026 edition was exhibited in August and September 2026, but the RFS says drafts can't be relied on until it's published.

How to check before you build

• Get the section 10.7 planning certificate for your lot: it shows the zone, flood control lot status, heritage listing and bush fire prone land.
• Check for covenants on your title (an 88B instrument), common in newer estates; they apply whatever the planning rules say.
• On a dividing fence, agree the fence with your neighbour or serve a fencing notice: the Dividing Fences Act applies whether or not approval is needed.
• If any rule above doesn't fit, ask Maitland City Council before building.

Questions about fence height and approval rules