EXPERT ADVICE
Do You Need a Survey Before Building a Fence in Sydney?
Last updated: January 2026
While not legally required under NSW law, getting a boundary survey before building a fence in Sydney is strongly recommended. A survey costs $800-$1,500 and precisely locates your property boundaries. Building a fence on the wrong boundary can cost $5,000-$20,000+ to fix - making a survey a smart investment that prevents costly neighbour disputes.
You're about to build a new fence and wondering: do I actually need a survey? It's a common question we hear from Sydney homeowners, and the short answer is that while it's not legally mandatory, it's almost always worth doing.
In this guide, we explain the legal position in NSW, when a survey is essential, when you might skip it, and what happens if you get it wrong.
The Legal Position in NSW
The Dividing Fences Act 1991 (NSW) governs fence construction between neighbours in New South Wales. Here's what it says about surveys:
- No survey is legally required before building a dividing fence
- You and your neighbour must agree on the fence position (usually assumed to be on the boundary)
- If there's a dispute about the boundary location, either party can request a survey
- You are responsible for ensuring your fence is built in the correct position
The key point: while no law requires a survey, you're still liable if your fence is built in the wrong place. Ignorance of the boundary location is not a defence.
Why We Recommend Getting a Survey
After decades of surveying Sydney properties, we strongly recommend getting a boundary survey before any fence construction. Here's why:
1. Existing Fences Are Often Wrong
Many homeowners assume the existing fence is on the boundary. In our experience, around 30% of existing fences are in the wrong position - sometimes by centimetres, sometimes by metres. Old fences were often built by eye or based on assumptions, not surveys.
2. The Cost of Getting It Wrong Is High
If your new fence encroaches on your neighbour's property, you may be required to:
- Remove the fence
- Rebuild it in the correct position
- Pay legal fees if it goes to court
- Compensate your neighbour for any damage
This can easily cost $5,000 to $20,000+ depending on the fence type and extent of the dispute.
3. A Survey Is Relatively Cheap Insurance
A boundary identification survey costs $800 to $1,500 - a fraction of the potential cost of a fence dispute. It's cheap insurance for peace of mind.
4. It Protects Your Neighbour Relationship
Boundary disputes are one of the most common causes of neighbour conflicts. Starting with a survey shows good faith and prevents arguments down the track.
When You Definitely Need a Survey
Some situations absolutely require a survey before building your fence:
Get a Survey If:
- You can't find existing survey pegs or marks
- Your neighbour disagrees about the boundary position
- There's no existing fence to use as a guide
- The old fence was clearly not on the boundary
- You're building an expensive fence ($5,000+)
- You're building a retaining wall along the boundary
- Your property is irregular shaped or on a corner
When You Might Skip a Survey
There are limited situations where you might proceed without a survey:
- Survey pegs are visible and clearly marked at each corner
- You and your neighbour both agree on the boundary position
- You're replacing an existing fence in the exact same position
- Both you and your neighbour have recent surveys showing the same boundary
Even in these cases, we'd still recommend a survey for any fence costing more than a few thousand dollars.
Can't I Just Use My Title Plan?
No. Your title plan (from NSW Land Registry Services) or online mapping tools like the NSW Planning Portal show approximate boundaries only.
These plans are:
- Not drawn to scale
- Not accurate enough for construction purposes
- Often based on old surveys that may have errors
Only a registered surveyor can legally determine the exact position of your boundaries on the ground.
What Does a Fence Survey Involve?
A boundary identification survey for fence purposes is straightforward:
- Research - We obtain your title information and any previous survey plans
- Field survey - We visit your property (usually 2-3 hours) to locate the boundaries
- Mark corners - We place pegs or paint marks at each boundary corner
- Provide documentation - You receive a plan showing where the boundaries are
The whole process takes 5-7 business days. You don't need to be home during the survey, but we'll need access to your property.
What If My Fence Is Already on the Wrong Boundary?
If you've already built a fence and discover it's in the wrong position, your options are:
1. Move the Fence
The cleanest solution is to relocate the fence to the correct boundary. Under the Dividing Fences Act, costs may be shared with your neighbour in some circumstances.
2. Negotiate an Agreement
You may be able to reach a written agreement with your neighbour to leave the fence where it is. This should be documented and ideally registered on the title.
3. Adverse Possession (Rare)
If a fence has been in the wrong position for 12+ years, you may be able to claim the land through adverse possession. This is a complex legal process requiring court involvement.
In all cases, getting a survey to establish the true boundary is the essential first step.
How Much Does a Fence Survey Cost?
For fence purposes, you'll typically need a boundary identification survey. In Sydney, this costs:
| Survey Type | Price |
|---|---|
| Boundary identification (2-4 corners) | $800 - $1,500 |
| Single corner peg-out | $600 - $900 |
See our full pricing page for all survey types.
The Bottom Line
Do you legally need a survey before building a fence in Sydney? No.
Should you get one anyway? In most cases, yes.
A survey costs $800-$1,500 and takes a week. Getting your fence position wrong can cost $5,000-$20,000+ and create years of neighbour conflict. The maths is simple - a survey is cheap insurance.
Planning a New Fence?
Get your boundaries surveyed first. We'll have your survey completed within a week.
Frequently Asked Questions
While not legally required under NSW law, getting a boundary survey before building a fence is strongly recommended. A survey costs $800-$1,500 and prevents costly disputes. Building on the wrong boundary can cost $5,000-$20,000+ to fix.
No, the Dividing Fences Act 1991 (NSW) does not require a survey. However, you are legally responsible for ensuring your fence is on the correct boundary. If it encroaches on a neighbour's property, you may have to remove it.
A boundary identification survey for fence purposes costs $800 to $1,500 in Sydney. This locates your boundary corners so you know exactly where to build. See our pricing page for details.
If your fence is on the wrong boundary, you may need to remove it and rebuild in the correct position at your expense. Your neighbour could also take legal action. Getting a survey first prevents these costly problems.
No. Title plans and online maps show approximate boundaries only - they're not accurate enough for fence construction. Only a registered surveyor can legally determine exact boundary positions on the ground.