This Q&A article is about boundary fence replacements in WA strata schemes.
Table of Contents:
- QUESTION: Who is responsible for a boundary fence that borders a public footpath and road?
- QUESTION: Why are owners in our strata scheme responsible for the internal fence between lots when the strata insurance covers fencing?
- QUESTION: We have two street-facing units with front fences needing replacing. The fences are part of the strata boundary. Should the owners of the two front units share 50% of the cost of replacement?
Question: Who is responsible for a boundary fence that borders a public footpath and road?
There is no common property at a 4-lot scheme I manage.
Who is responsible for a boundary fence that borders a public footpath and road? The owner believes the fence is the strata’s responsibility. Is this correct?
Answer: The lot owner is responsible for the total cost of the fence.
If the fence sits on lot owner’s land and the other side of the fence is a public footpath, then the lot owner is responsible for the full cost of the fence.
I am not aware if your Local Council takes responsibility, so that would need checking, but generally, Local Councils do not.
If the fence has been damaged from an insurable event, then the lot owner may still be able to make a claim on the strata insurance.
Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400
This post appears in the December 2024 edition of The WA Strata Magazine.
Question: Why are owners in our strata scheme responsible for the internal fence between lots when the strata insurance covers fencing?
Answer: The responsibility for maintaining property within a lot, including the fence between lots, usually lies with the lot owners.
It’s important to differentiate between the “responsibility to insure” and the “responsibility to maintain.” These are distinct considerations, and the responsibilities can vary accordingly.
Strata insurance covers all building fixtures and fittings, including kitchen and bathroom fittings, internal walls, and fences that divide lots. The strata corporation is responsible for this insurance because, generally, it is not possible to insure only a part of a building.
However, the responsibility for maintaining property within a lot, including the fence between lots, usually lies with the lot owners. While the strata insurance policy can potentially cover damage costs through a claim, maintenance is the owners’ responsibility if no claim is made.
Regarding the cost-sharing for dividing fences, it’s essential to consider that while the strata insurance may cover the fence, the responsibility for maintaining it might still fall on the owners, especially if the fence is not covered under a specific claim. The legislation, such as the Dividing Fences Act, typically addresses the shared costs between neighbouring property owners.
If the owners believe a claim should be made under the strata insurance for damage, they should pursue that avenue. Otherwise, discussing shared costs with the adjoining lot owner or seeking guidance from the local council may be necessary.
Tyrone Shandiman Strata Insurance Solutions E: tshandiman@iaa.net.au P: 1300 554 165
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.
This post appears in Strata News #707.
Question: We have two street-facing units with front fences needing replacing. The fences are part of the strata boundary. Should the owners of the two front units share 50% of the cost of replacement?
Answer: The cost should be shared 50/50 by the owners of the land on either side of the fence.
The Dividing Fences Act 1961 Section 7 notes that the liability of Owners of adjoining lands to a fence are liable to join in or contribute in equal proportions, which means the cost should be shared 50/50 by those that own the land either side. What you will need to do is look at your Strata Plan and ascertain who owns the land either side of the fence, if one side is strata common property and the other is a lot, then yes the cost needs to be split between the strata scheme and the lot.
When obtaining quotes it’s not as simple as the strata paying half and the two front units paying half. You will need to get a price for each section of fencing that is owned by the front lots and then that respective lot shares the cost with strata.
If one side of the land is road / verge and the other side is individual lots then those lots will need to share the costs as State Government departments are not bound by the Dividing Fences Act and hence don’t contribute to the costs.
Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400
This post appears in Strata News #611.
Have a question about boundary fence replacement or something to add to the article? Leave a comment below.
Read Next:
- WA: Q&A Strata Insurance – Fences, Walls & Garage Doors
- WA: Q&A Apartment Building Fire Safety Regulations
- Dividing fence matters – overview
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