Fences & Boundary Walls
Height, material, and whether the fence is retaining are the key factors
Fences are one of the most common home improvement projects in New Zealand, yet the consent rules are widely misunderstood. Whether your fence needs building consent depends primarily on its height and material — and whether it is also acting as a retaining structure.
General guidance only. This website provides general guidance only. It does not confirm that building work is exempt and does not replace advice from your local council, architect, architectural designer, engineer, planner, licensed building practitioner or other suitably qualified professional. Any exempt building work must still comply with the New Zealand Building Code and any other relevant legal requirements. Full disclaimer →
Schedule 1 exemption thresholds
Under Schedule 1 of the Building Act 2004, most standard boundary fences are exempt from building consent, provided they stay within the following height limits:
- →Timber, steel, or aluminium fences: up to 2.5m in height
- →Masonry, concrete block, or brick fences: up to 2.0m in height
- →The fence must not be a retaining structure (holding back earth on one side)
These are building consent thresholds only. Your district plan may impose stricter height limits — particularly for front-yard fencing. Always check both.
When a fence is also a retaining wall
If your fence holds back earth on one side, it is classified as a retaining structure and assessed under the retaining wall rules — not the fence exemption. This significantly changes the consent picture.
- →Retaining walls over 1.5m in height generally require building consent
- →Retaining walls supporting a surcharge load (driveway, building, or significant slope above) may require consent at lower heights
- →Masonry retaining fences carry higher structural risk and are more likely to require engineering input
- →The 1.5m height for retaining walls is measured from the bottom of the footing — not the ground surface
Even a small height difference between soil levels on each side of the fence can mean it is classified as a retaining structure. If in doubt, confirm with your council.
District plan rules still apply
Even if your fence is exempt from building consent, your council's district plan will impose its own rules on fencing — and these can be stricter than the building consent thresholds.
- →Front yard fencing is often limited to 1.0m–1.2m in residential zones
- →Height-to-boundary rules may limit how close a fence can be to a neighbour's property
- →Corner sites often have visibility splay requirements that limit fence heights near intersections
- →Heritage overlays and character zones may have specific fencing requirements
Boundary disputes and surveys
Building a fence on or near a boundary can create legal complications if the boundary is not clearly marked. It is worth confirming the exact boundary location before starting work.
- →A licensed cadastral surveyor can peg your boundary accurately
- →Fences built over the boundary may need to be relocated at your cost
- →The Fencing Act 1978 governs cost-sharing arrangements with neighbours for boundary fences
- →Notify your neighbours before starting work — good communication avoids disputes
Frequently asked questions
Do I need consent for a 1.8m timber fence?
A standard 1.8m timber fence is below the 2.5m threshold and is generally exempt from building consent. However, you should still check your district plan for any front-yard or boundary height restrictions in your zone.
My fence is on a slope — how is the height measured?
Height is typically measured from the ground directly adjacent to the fence. On a slope, the fence may be taller on the downhill side — this is the height council will assess. If any part of the fence exceeds the exemption threshold, the entire fence may require consent.
Does a retaining fence need a building consent?
If the fence also retains soil, it is assessed as a retaining wall. Retaining walls over 1.5m generally require building consent. Even below that height, if there is a surcharge load (driveway or building above), consent may still be required.
Can my neighbour object to my fence?
Under the Fencing Act 1978, you are generally entitled to build a fence on or near the boundary with your neighbour's contribution, but they are entitled to notice and may dispute the type, design, or cost. District plan rules and heritage overlays may also give neighbours grounds to raise concerns through a resource consent process.
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