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Maintenance ManualChapter 6

Fencing

October 2012

Maintenance ManualChapter 6

Fencing

October 2012

To receive this publication in an accessible format phone 9096 0000, using the National Relay Service 13 36 77 if required.

Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.

© State of Victoria, Department of Health and Human Services May, 2017.

Except where otherwise indicated, the images in this publication show models and illustrative settings only, and do not necessarily depict actual services, facilities or recipients of services. This publication may contain images of deceased Aboriginal and Torres Strait Islander peoples.

Available at http://www.housing.vic.gov.au/

Contents

Fencing policy...........................................................................................................................................Introduction.................................................................................................................................................

Management...............................................................................................................................................

Legal requirements.....................................................................................................................................

Fence types................................................................................................................................................

Party fencing responsibilities......................................................................................................................

Damage claims.........................................................................................................................................

Notice to fence/ agreement to fence.........................................................................................................

Non-agreement of fencing works..............................................................................................................

Pool fencing..............................................................................................................................................

Payments..................................................................................................................................................

Payments by instalments..........................................................................................................................

Fencing procedures...............................................................................................................................Fencing works as responsive maintenance..............................................................................................

Party fencing.............................................................................................................................................

Portfolio management group fencing works..............................................................................................

Pool fencing..............................................................................................................................................

Payments by instalments..........................................................................................................................

Appendices.............................................................................................................................................Boundary fencing process flowchart.........................................................................................................

Notice to fence..........................................................................................................................................

Agreement to fence..................................................................................................................................

Memorandum to register finance for fencing repayment agreement.........................................................

Fencing cover letter..................................................................................................................................

Calling card note.......................................................................................................................................

Fencing repayment agreement.................................................................................................................

24 Hour notice to enter the rented premises.............................................................................................

Page 6 Fencing maintenance manual

Fencing policy

IntroductionThe Department of Human Services (the Department), contributes to the maintenance or replacement of party/dividing fencing for Director of Housing (the Director) owned and community managed properties (COMAC) in accordance with the provisions of the Fences Act 1968. In general, the Department repairs fencing regardless of age in preference to replacement, unless it is not economic or there is a legal requirement to do so.

The intent of this policy is to ensure that appropriate actions are taken in relation to all fencing requirements, including new construction or acquisition, repair, part or total replacement.

The Department aims to ensure fencing outcomes in accordance with relevant legislation, in line with Australian Standards and a consistent approach is taken across business units.

Note: This policy is to be read together with the specifications documents relevant to the type of fencing works being undertaken.

Management Schedule of Rates [https://www.dhhs.vic.gov.au/]

Housing Standards Policy Manual [https://www.dhhs.vic.gov.au/]

Public Liability Insurance Policy [https://www.dhhs.vic.gov.au/]

Fencing is managed by two branches within the Department, depending on whether the fencing work is project based or responsive in nature. Fencing can form part of:

• Responsive or vacated maintenance works - managed by the local Housing Office or Housing Call Centre (HCC)

• Improvement programmed works, new housing development and acquisition, or vacant land holdings projects - managed by the Property Portfolio Branch.

Compliances• All fencing contractors engaged directly by the Department are to be approved registered builders to

ensure compliance with the quality of works performed. In addition, all fencing works are to comply with relevant Departmental fencing specifications and standards, as detailed in the Schedule of Rates (SOR) and Housing Standards Policy Manual.

The Department also requests private owners who initiate fencing works to comply with these requirements when seeking an agreement to fence.

Reference should be made to the specifications relevant to the type of fencing works being undertaken.

Note: All fencing contractors engaged directly by the Department must carry a minimum $10,000,000 public liability insurance cover. Contractors who are engaged by private owners are also required to have the same certification and public liability insurance coverage as the Department’s head contractor, see Public Liability Insurance Policy.

Fencing maintenance manual Page 7

https://www.dhhs.vic.gov.au/



Legal requirementsAll applicable legislation is to be observed in negotiating and undertaking fencing works, and maintained from initiation through to completion of the works.

The Fences Act (FA) 1968 applies to fencing matters in Victoria. The Department must comply with the FA, the Residential Tenancies Act 1997 (RTA), the Information Privacy Act 2000 (IPA), and any other legislation relevant to the completion of works.

The Magistrates’ Court of Victoria (Magistrates’ Court) hears disputes in relation to fencing matters under the FA. The Magistrates’ Court may order the kind of fence to be constructed (as per the FA (s.7 (1) (a)), the portion of fence to be constructed (as per the FA (s.4 (1) (a) (b)) by each party or the proportion of the cost of constructing the fence to be contributed by each party. The FA places particular emphasis on fences being suitable for the purposes of both occupiers (as per the FA (s.14 (a) (b)).

The Department has an obligation under the RTA (s.68) to ensure the rented premises are maintained in good repair. This includes the maintenance of fencing between Director owned properties and a privately owned property.

If the Victorian Civil and Administrative Tribunal (VCAT) orders the Department to replace a fence as a result of an action taken against it by a public housing tenant, the Department must comply with the order and will initially be responsible for the total cost of the fence.

A Notice to Fence and an Agreement to Fence must have been obtained and served prior to the commencement of fencing works.

Refer to the appendices for more information on fencing documentation.

Construction of a new or replacement fenceWhere no fence exists or the existing fence is not sufficient for one of the occupiers, for example where the neighbour’s dog constantly enters a neighbouring property, that party can initiate a fencing request, and can also take the matter to the Magistrates’ Court for determination if agreement cannot be reached, as per the FA (s.4(1)(a)(b).

Maintenance of fencesRepairs to a fence can be undertaken where both parties agree that the fence is of a sufficient kind for both occupiers, and where both parties agree to the cost of repairs.

Where one of the parties does not agree to the cost of repairs but agrees that the fence is sufficient for both occupiers, the party that initiates the fencing repair request can take the matter to the Magistrates’ Court for determination, as per the FA (s.14(1)(a)(b).

If one of the parties does not agree that the fence is sufficient for them but is instead of the opinion that the fence should be replaced, that party may issue a Notice to Fence and take the matter to the Magistrates’ Court for determination.

The Notice to Fence must be in the name of the occupier of the property. The occupier, if they are not the owner of the property, must forward the Notice to Fence and accompanying documents to the owner within 14 days by hand or registered post, or they may be liable for the full cost of repairs.

Note: It is important to negotiate appropriate outcomes for fencing with the occupiers of neighbouring premises to avoid the initiation of legal action through the Magistrates’ Court. The FA places particular emphasis on fences being suitable for the purposes of both occupiers. Legal action should always be viewed as a last resort.


Fence types Schedule of Rates [https://www.dhhs.vic.gov.au/]

Housing Standards Policy Manual [https://www.dhhs.vic.gov.au/]

The Department’s standard height for timber paling fencing is 1650mm from ground level to the trimmed fence top. Any additional costs for fencing that exceed the Department’s fencing specifications are generally borne by the requesting party.

Note: The Schedule of Rates (SOR) allows for some discretion in relation to the fence boundary height, for example, up to 1800mm in certain circumstances. This is in situations where styles of neighbourhood and local council requirements require a higher fence, or where individual tenancy or property management issues are best addressed by installing a higher fence.

Where agreed by adjoining owners, the Department may erect alternative styles of fencing appropriate to the local environment, or in accordance with local planning laws.

Alternative fencing types may include picket, vertical board screen, coloured chainmesh, horizontal board or colourbond metal.

Note: Wherever possible, replacement fencing should be similar to existing fencing. The Magistrates’ Court can make orders about the type of fence and the proportion of the cost of constructing a fence to be contributed by each party. Any such determination overrides Departmental policy about costs for fencing that exceeds the Department’s fencing specifications, as per the FA (s.7(a)(b) and see Housing Standards Policy Manual.

Party fencing responsibilities Tenant Property Damage Chapter [https://www.dhhs.vic.gov.au/]

Schedule of Rates [https://www.dhhs.vic.gov.au/]

NOS Works [https://www.dhhs.vic.gov.au/]

Adjoining Director owned propertiesRepair or replacement of party fencing between two Director owned properties is the sole responsibility of the Department, including fencing that is accidentally damaged.

Note: Malicious damage caused by a public housing tenant, a household member or their visitor is to be considered for tenant responsibility charges, as outlined in the Tenancy Property Damage Chapter.

Adjoining Director and privately owned propertiesThe responsibility and costs for dividing fences are shared equally between the Director and the private owner unless neglect of either party is found. This type of fencing is known as Party or Boundary fencing.

Where the dividing fence has been destroyed or damaged by fire or by the falling of a tree through the neglect of one of the parties, that party shall be liable to repair or replace the entire fence or the damaged portion, as per the FA (s.14 (1) (a) (b).

In any other case, each party shall be liable to contribute to the repair of the fence as agreed upon between the parties, or as determined by the Magistrates’ Court.







Department initiated• Where fencing works are initiated by the Department for responsive or vacant unit maintenance, the

head contractor undertakes the works in accordance with the SOR for fencing works. Where a casual contractor is to carry out the works, Not on Schedule (NOS) works policy and procedures apply.

Reference should be made to specifications relevant to the type of fencing works undertaken.

• The Department provides at least one quotation to the private owner/occupier for fencing work required, based on the SOR. The local Housing Office is responsible for serving the initial fencing documents, which includes the Notice to Fence see appendices page 21 and Agreement to Fence, see appendices page 22 to the private owner/occupier.

Note: A Notice to Fence and an Agreement to Fence must have been obtained before commencing any fencing works.

Private owner/occupier initiated• The private owner/occupier is to obtain two competitive quotations for the work required. The

Department requests quotations based on the Department’s fencing specifications for that type of fencing. A Notice to Fence see appendices page 21and Agreement to Fence, see appendices page 22 for shared costs with the Department and evidence of public liability insurance cover (minimum $10,000,000) must also be submitted to the local Housing Office.

A decision on acceptance of the fencing quotations shall be in accordance with the current NOS policy and procedure, and is made by the local Housing Office.

Note: In cases where the private owner/occupier initiates fencing with the Director, the legal obligation to fence overrides budget constraints.

Private owner/occupier has erected fence and wants to recover costs from the DepartmentIf the private owner/occupier has erected a replacement fence without having served the Director with a Notice to Fence or obtained agreement, the private owner/occupier is not entitled to recover any costs associated with the fencing works from the Department, as per the FA (s.8(2)).

However, the Department cannot seek to have the fence demolished unless the fence does not conform to building regulations or requires a planning permit that has not been obtained.

The private owner/occupier is entitled to recover half share of costs for a fence erected by them if they have served the Director with a Notice to Fence and the Department has agreed to the work.

If the Department does not respond to a Notice to Fence within one month, the private owner/occupier may initiate action through the Magistrates’ Court to obtain an order for the Department’s share in the costs of a replacement fence, as per the FA (s.7).

Damage claims Tenant Property Damage Chapter [https://www.dhhs.vic.gov.au/]

Managing Incidents and Claims Chapter – Business Practice Manual [https://www.dhhs.vic.gov.au/]

In the event of fencing works caused by motor vehicle damage, the Department may make a claim against the driver, a company (if a commercial vehicle is involved) or their insurer, for loss or damage incurred to a Director owned property due to the negligence of that party. Action may be taken by the local Housing Office or the Department’s Legal Services Branch (LSB) as determined by the extent of the damage.




• The Department will consider tenant responsibility charges if malicious damage is caused by a public housing tenant, a household member or their visitor, as outlined in the Tenant Property Damage Chapter.

• Refer to the Managing Incidents and Claims Chapter in the Business Practice Manual for more information on damage claims.

Notice to fence/ agreement to fenceA Notice to Fence is a formal notice served under the FA (s.6). An Agreement to Fence is a legal agreement between adjoining property owners or occupiers, and may be used in legal proceedings between disputing parties. The private owner/occupier has one month in which to respond to the Department before legal action is pursued.

When party fencing adjoining Director and privately owned properties is identified as needing major repair or replacement, Housing staff are to contact the private owner/occupier to negotiate an agreement for the required works to be undertaken.

• Where the fencing works are initiated by the Department, the Department must serve the occupier of the private property with a Notice to Fence see appendices page 21 and Agreement to Fence, see appendices page 22 and at least one quotation, including one from the head contractor. The quote should make reference to specifications relevant to the type of fencing works being undertaken.

The Notice to fence documents, served on the occupier/owner of the private property by the Department either in person or via registered post must:

• be in writing• contain the addresses of both properties• specify the proposed boundary to be fenced• contain a proposal for fencing• specify the type of fence proposed• include the cost of the proposed fencing works• include all quotations• include the name of the private owner or occupier.

Note: A Notice to Fence and an Agreement to Fence must have been obtained before commencing any fencing works.

Non-agreement of fencing worksThe FA (s.7) requires that a Notice to Fence be served on a private owner/occupier in person or by registered post, and that the private owner/occupier has one month in which to respond to that notice.

Where fencing works are initiated by the Department and the private owner/occupier does not agree to share in the cost of fencing or has not responded to the Notice to Fence after the expiration of the one-month period, the matter is referred to the Department’s Legal Services Branch (LSB). LSB will serve the private owner with a seven-day Notice of Demand prior to taking action in the Magistrates’ Court for determination of the Department’s share of the costs.

Note: The Department attempts to resolve disputes as far as possible by negotiation. LSB will only become involved upon the expiration of the legislated one month period.

If the public housing tenant takes it upon themselves to refer the matter to VCAT, the Housing Services Officer (HSO) shall advise the Tribunal that the case has been referred to the Magistrates’ Court for arbitration. However, if the Director is directed to proceed with the works by the tribunal, the Department would comply with the order.


Pool fencing Responsive Maintenance Chapter [https://www.dhhs.vic.gov.au/]

Tenant Property Damage Chapter [https://www.dhhs.vic.gov.au/]

Compliance with pool fencing regulationsBuilding Regulations 1994 came into effect on 1 July 1997 with regard to requirements to secure swimming pools in residential properties, to reduce the risk of drowning by small children.

The regulations require fences and other securing devices such as door and window locks to be installed for pools over 300mm deep. The legislation applies to both in-ground and above-ground pools and spas.

Note: Pools and spas are non-standard fixtures in public housing and community managed properties. All requests for installation of pools and spas must be made at the local Housing Office, as outlined in the Responsive Maintenance Chapter.

• The Director as landlord and owner of the rented premises is liable for compliance with pool security regulations. Where the tenant has installed a pool without consent of the Department and the pool is not to be removed, the Department of Human Services seeks to recover the costs of making pool fencing compliant from the tenant through the Maintenance Claim Against the Tenant (MCAT) process, as outlined in the Tenant Property Damage Chapter.

The tenant may lodge an appeal against the claim or make arrangements to pay for the pool fencing. Otherwise, the Department may make an application to VCAT for compensation.

PaymentsPayments are not to be approved until proof of all required compliance documents is received by the Department, that is,

• A job order (invoice) where a Notice to Fence /Agreement to Fence is not required, for adjoining public housing properties

• A job order, signed Notice to Fence, Agreement to Fence and Fencing Payment Agreement where the Department has initiated the Agreement to Fence with the private owner

• An invoice, signed Notice to Fence, Agreement to Fence and confirmation that the fencing works are completed to the Department’s specifications where the private owner has initiated the fencing works.

The Department will only make half cost payments for fencing works to contractors where the adjoining property is privately owned. It is the responsibility of the contractor to recover private owner debts.

Payments by instalmentsExisting finance policies and systems support the option of payments by instalments for debtors who are not the Department’s clients.

Payments by instalments are only approved where the private owner/occupier can demonstrate they will experience hardship if they are required to pay the total amount in full.

Approved requests for payment by instalment are sent to the processing Finance Office for action.

• See Memorandum to Regional Finance for Fencing Repayment Agreement. see appendices page 23.




Fencing procedures

Fencing works as responsive maintenanceAll fencing works are to be reported to the Housing Call Centre (HCC). Tel 131 172 or email the Call Centre [[email protected]] or report on-line. The HCC makes an assessment of the type of action to be taken, based on the urgency of the repairs, the type of fencing and the location of the fencing works.

Repairs of party fencing that can be categorised as either:

• urgent and essential• safety/security in nature, that is, make safe works

are actioned immediately.

The HCC actions minor or urgent fencing repairs, raising repair or make safe jobs in HiiP Repairs. The head contractor will also be asked to complete an Inspect and Report (I and R) on the damage if urgent works are not sufficient.

Where major or replacement works are required, the HCC gives the head contractor authority to undertake the works on a property’s wing fences, that is, the fence that separates the front and rear yards, or the fence adjoining properties owned by the Director.

Note: HCC only actions responsive maintenance repairs to boundary fencing that it can reasonably make a judgement about. Where more information is required regarding the condition of the fence, the matter is referred to the local Housing Office or community housing agency.

The HCC refers fencing matters to the local Housing Office or community housing agency where:

• Further inspection of the condition of the fence is required (an I and R is requested from the head contractor)

• The fence is located between the Director and privately owned properties• The fence or part of the fence needs to be replaced.

Party fencing Schedule of Rates [https://www.dhhs.vic.gov.au/]

Tenant Property Damage Chapter [https://www.dhhs.vic.gov.au/]

Contractor Payment Chapter [https://www.dhhs.vic.gov.au/]

Private owner/occupier initiatedRequests for fencing works may be received by the HCC or the local Housing Office or community housing agency. Once a request for fencing has been lodged, the HCC/Housing Services Officer (HSO) raises urgent jobs in HiiP Repairs and/or requests the head contractor to complete an I and R on major works or replacement. If major works or a replacement is required, the matter is referred by the HCC to the local Housing Office or community housing agency. The community managed housing agency refers the request for major fencing works to the Community Managed Accommodation Unit (COMAC) in the Property Portfolio Branch.

• The I and R submitted by the head contractor contains information on:– the fencing works required based on the Schedule Of Rates (SOR) items





mailto:[email protected]

mailto:[email protected]

– the condition of the existing fence, and type and length of proposed fence.

The HSO at the local Housing Office /COMAC officer may refer the matter to a Field Services Officer (FSO) if they are unsure about the necessity or scope of works required.

When raising a fencing job in HiiP, enter the correct Type and Category of Work to the job when defining the job in HiiP Repairs. Assign the job to the Insurance Category of Work if damage is due to storm activity.

• Where there is evidence that damage to the public housing property was caused by the tenant, a household member or their visitor, seek to recover costs from the tenant through the MCAT process, as outlined in the Tenant Property Damage Chapter.

• If a private owner advises that they wish to undertake the fence replacement works, or requests new or additional fencing or repairs, the onus is on the private owner to arrange the Agreement to fence and work. Supply the private owner with a copy of the Department’s fencing specifications and request them to obtain two written quotations for the work involved, see SOR.

Should the private owner want fencing that is different to the existing fencing, or is different to the Department’s fencing specifications, for example, a higher height, then the private owner is to pay for this extra cost on top of what they had already agreed to pay for the fencing works.

Note: Refer to the SOR for detailed fencing specifications. The Department will share in the cost of the fencing works only after approval has been given for the works.

Once the quotations are received from the private owner,

• arrange for an FSO to check the quotations supplied• ensure that the documents include a Notice to Fence, an Agreement to Fence and sufficient

insurance coverage. Scan and store copies of all documents in HiiP and the property file.

Acceptance of the quotations is at the discretion of the Housing Services Manager (HSM)/COMAC. After the fencing works are completed, local Housing Office /COMAC staff inspect the completed fence to ensure it complies with specifications prior to creating a half-cost job in HiiP Repairs for the Department’s share of the costs.

Department initiatedOnce a request for fencing works has been lodged by a public or community housing tenant, the HCC raises minor or urgent jobs in HiiP Repairs and/or refers any fencing replacement matters to the local Housing Office /community housing agency. The community housing agency refers the matter to COMAC for further action if required.

Housing Office/community housing agency staff organises or conducts an inspection of the fence to determine:

• the fencing works required based on the SOR items• the condition of fence, and type and length of proposed fence.

The HSO at the local Housing Office /COMAC officer may refer the matter to an FSO if they are unsure about the necessity or scope of works required.

When raising a fencing job in HiiP, enter the correct Type and Category of Work to the job when defining the job in HiiP Repairs. Assign the job to the Insurance Category of Work if damage is due to storm activity.

• Where there is evidence that damage was caused by the tenant, a household member or their visitor, seek to recover costs from the tenant through the MCAT process, as outlined in the Tenant Property Damage Chapter.


Notice to fence and agreement to fenceThe Department must serve the named owner/occupier of the private property with a Notice to Fence, an Agreement to Fence, at least one current quote and fencing cover letter, either in person or by registered post.

• The set of documents is to include:• a Fencing Cover Letter see appendices page 24 (address sufficient)• the Notice to Fence see appendices page 21(to the named private owner/occupier)• the Agreement to Fence see appendices page 22

– (in the name of the private owner/occupier)– a minimum of one fencing quote (address sufficient)– a copy of the Department’s fencing specification– a request that they obtain two written quotations for the work (see SOR)

Conduct a home visit to make contact with the owner/occupier and to seek agreement for the fencing works. If the occupier is at home, introduce yourself and advise them that you wish to discuss the replacement of the fence between their property and the Director’s property. Advise them that the Director would like to serve a Notice to Fence in accordance with the FA. Explain that the FA requires the Notice to Fence be served on the Occupier. Ask their name and ask them to confirm they are the tenant named on the lease, and if not, who the tenant is?

If they are the tenant, advise them that once they receive the Notice they then need to provide the Notice to the Owner, either by hand or by registered post. If they do not provide the Notice to the owner within 14 days they may become liable for all costs in replacing the fence.

• If no-one is at home, leave a calling card note.

If no contact is made on the home visit and you have obtained the name of the owner from the Council, check the white pages for a listing of the owner’s phone number, and attempt to contact the owner by phone.

When you have established the name of the occupier, prepare the covering letter addressed to the named occupier. Create a job for fencing works in HiiP Repairs and prepare an Agreement to Fence, from information provided by the head contractor’s I and R.

Send the letter including the Notice to Fence, Agreement to Fence, and the quote to the neighbouring occupier by registered post. The Notice needs to specify the boundary to be fenced, the kind of fence proposed, and their half share of the costs. The Notice should advise them of the need to respond within one month of service.

The private owner/occupier has one month (+ three days postage) in which to respond to the notice. During this period, a home visit may be necessary to attempt to resolve the matter, as per the FA.

If the private owner/occupier accepts the fencing works, ensure that they sign and date the Agreement to Fence.

Invoicing and paymentCreate a half-cost job defining the responsive or minor capital Category of Work for fence replacement. The head contractor is responsible for arranging payment from the private owner.

After the invoice has been received from the head contractor and prior to checking and auditing the invoice for payment, arrange for the FSO to check and measure the completed fencing works to ensure compliance with the Department’s fencing specifications.


• If all works have been completed satisfactorily, certify the invoice/s, then forward the invoice pack to the approving officer for signature and date, prior to sending it to the processing Finance Office for action and payment, as detailed in the Contractor Payment Chapter.

Non agreementThe private owner/occupier has one month (+ three days postage) in which to respond to the Notice to Fence documents, as per the FA.

If the private owner/occupier still does not accept the Notice to Fence documents and no agreement is reached after 14 days of serving the notice, refer the matter to the HM (Housing Manager)/HSM/TM (Team Manager)/COMAC Manager for a resolution.

Send a reminder letter by registered post to the private owner/occupier requesting that they make contact with the housing office within seven days. If necessary, conduct a home visit to attempt to resolve the matter, see Department of Justice - Possible solutions to fencing disputes. [http://www.magistratescourt.vic.gov.au/home/civil+and+money+matters/magistrates+-+fencing+disputes]

Note: Seek resolution of fencing issues by negotiation as far as possible prior to initiating legal action.

If, after seven days there is still no agreement and all negotiations have been exhausted, refer the matter to Legal Services Branch (LSB). LSB will serve the private owner/occupier with a seven-day Notice of Demand.

Supply LSB with the following documentation:

• details of the fencing dispute, including a chronology of the background to the fencing matter, identification of all steps taken to initiate contact with the neighbouring occupier/owner, and the result of the contact and negotiations

• a copy of the served Agreement to Fence, including the most current fencing quote• a FSO report or an I and R from the head contractor• photographic evidence of the existing fence• copies of all correspondence sent to and received from the neighbouring occupier/owner, including

details of the registered post.

If the private owner/occupier does not respond to the seven-day Notice of Demand, LSB will apply to the Magistrates’ Court for determination.

Note: If the privately-owned property is tenanted, send correspondence to the private owner via the occupier of the property, that is, c/- the tenant. Ensure that the occupier is named in the Department’s correspondence. If necessary, obtain the information from the estate agent, neighbour or the local council. LSB cannot take legal action against an unnamed occupier, or a private owner if they are not the occupier, as per the FA.

If the public housing tenant has served the Department with a Landlord’s Notice to Repair and refers the matter to VCAT, the HSO shall advise the VCAT member that the case has been referred to the Magistrates’ Court. If the VCAT member directs the Department to proceed with the work, the Department would comply with the order.

Note: Any information on the tenant or any household member is to be obtained, used and filed in accordance with the provisions of the Information Privacy Act 2000.


http://www.magistratescourt.vic.gov.au/home/civil+and+money+matters/magistrates+-+fencing+disputes

Portfolio management group fencing works Public Liability Insurance Policy [https://www.dhhs.vic.gov.au/]

Schedule of Rates [https://www.dhhs.vic.gov.au/]

Responsive Maintenance Chapter [https://www.dhhs.vic.gov.au/]

Party fencing in a works programIf the Portfolio Management Group, while scoping properties for programmed works, identifies a party fence that needs to be repaired or replaced, they are to inform the local housing office as soon as possible.

The local Housing Office/COMAC works with Portfolio Management by serving fencing notices on adjoining private owners and actioning the fencing works using the SOR in accordance with the procedures outlined in this chapter. These works can to be actioned independently of the programmed works

The project scope of works identifies the need to tender for fencing works associated with the project.

• The contract documentation must also stipulate that the successful contractor will be responsible for:– obtaining and serving the Notice to Fence documents in a timely manner where the adjoining

property is privately-owned Notice to Fence see appendices page 21 and Agreement to Fence, see appendices page 22

– carrying the required Public Liability Insurance Cover – communicating with public housing tenants on proposed works programs and anticipated time

frames.

Once the successful contractor has been chosen, the contractor must serve notice on the adjacent owner (where the adjacent property is privately owned) to arrange Notice to Fence documents and begin fencing works.

If no agreement can be reached after the expiration of the required one-month period, the contractor should refer the matter to the Portfolio Management project manager, who may refer the matter to Legal Services Branch.

Note: All issues relating to program works fencing should be referred to the project manager.

Party fencing in new housing and acquisition projectsThe project manager is to include as part of the scope of works for a new housing development or acquisition project the following:

• the Department’s housing standard specifications for fencing• inclusion in the project scope of the need to tender for fencing works associated with the project, see

SOR• the successful contractor is to carry the required Public Liability Insurance Cover• the contractor will be responsible for obtaining and serving the Notice to fence documents in a timely

manner where the adjoining property is privately owned • the contractor is to communicate with tenants on proposed works programs and anticipated time

frames where the adjoining property is Director owned.

Once the successful contractor has been chosen, the contractor must serve notice on the adjacent owner (if the adjacent property is privately owned) to arrange Notice to Fence documents and begin fencing works.





If no agreement can be reached after the expiration of the required one-month period, the contractor should refer the matter to the relevant Property Portfolio project manager, who should then refer the matter to LSB.

Note: All disputes relating to program works fencing should be referred to the project manager.

Party fencing as part of vacant land holdingsIf responsive or minor capital fencing works are required, the local Housing Office/COMAC is to refer to Property Portfolio Branch to determine if the land holding has been identified for future development.

The HSO or FSO should determine whether fencing requirements need responsive action or whether fencing can be included in a current Property Portfolio project.

• If the land holding is not on a current project, follow the procedures for responsive maintenance, and treat the matter as responsive maintenance work for minor repairs, or minor capital for complete replacement, as outlined in the Responsive Maintenance Chapter.

If the land holding is on a current development project, the project manager is to follow procedures described in 5.3.4 of this chapter.

Pool fencing Tenant Property Damage Chapter [https://www.dhhs.vic.gov.au/]

Actioning non-compliance noticesIf a Housing Office receives a Notice of Non-compliance of pool fencing and the details of the non-compliance are not included in the notice, contact the local council to clarify the issue. This is particularly important where it can be demonstrated that a previously issued Compliance Notice has been remedied at some point of time previously.

Send a notice to the tenantIrrespective of the type of pool installed, send the tenant a 14-day breach notice pursuant to the RTA (s.64), and attach a copy of the council Notice of Non-compliance. When the tenant responds to the s64 notice, advise them that they must remove the pool or make the fence compliant. Also advise them that if they fail to undertake to do either of these things within 14 days, the Department will remove the pool or make the fencing compliant at their expense.

Note: Where the cost of removing the pool is likely to be prohibitive, for example, it is an in ground installation, the Department’s preference is to make the pool fencing compliant rather than charging the tenant for pool removal.

The tenant does not respond to the notice • If the tenant does not respond to the s64 notice after the required time (14 days plus three days for

postage), send a 24 Hour Notice to enter the Rented Premises see appendices page 27 pursuant to the RTA (s.86(1)(c)). Attach a copy of the council Notice of Non-compliance, and arrange for the contractor to meet at the property at the time stated in the s86 notice.

Note: If the council Notice of Non-compliance requires immediate action, for example, for health and safety reasons, contact the local council to request an extension of time to allow for investigations. Where the council refuses to allow an extension of time, issue a s86 notice immediately rather than the s64 notice first.

At the property, arrange for the contractor to make the pool area compliant by either removing the pool or installing/upgrading the fence.



• Once the works are completed, send an MCAT to the tenant for costs incurred, and pursue the matter through VCAT, as detailed in the Tenant Property Damage Chapter.

Payments by instalmentsRequests for payments by instalments are only approved where the private owner/s can demonstrate they will experience hardship if they are required to pay the total amount in full.

Submit any requests for payment by instalments in the Memorandum to Regional Finance for Fencing Repayment Agreement see appendices page 23 to the HM for approval.

Attach copies of the following:

• Signed Notice to Fence see appendices page 21 and Agreement to Fence, see appendices page 22

• Fencing Payment Agreement• job order• invoice.

Once approved, arrange for the private owner to sign the Fencing Repayment Agreement, and forward it by email to the processing Finance Office for action. Scan copies of the documents into HiiP.


Appendices

Boundary fencing process flowchart


Notice to fence

This notice is given under Section 6 of the Fences Act 1968

IMPORTANT: If you are currently renting these premises you must forward a copy of this notice by registered mail within 14 days to:

(a) your landlord at their last known address;

(b) the person to whom you pay rent (such as your landlord’s real estate agent); or

(c) any person you have reason to believe is authorised to accept notices on your landlord’s behalf.

If you do not serve this notice as described above you may become liable for all costs in replacing the fence pursuant to section 10(4) of the Fences Act 1968.

To <name and address of the Occupier>

Take notice that

(a) the dividing fence between the Director of Housing’s property at (insert address of Departmental property) and the property you own or occupy at <address of neighbouring property> (‘the Fence’) requires replacement;

(b) the Director of Housing proposes the following:

(i) that the Fence be replaced with a 1650mm standard timber paling fence in accordance with the attached quotation from <name of contractor>

(ii) that the Director of Housing engage the fencing contractor to replace the Fence in accordance with item (i).

(c) if within one month of receipt of this notice,

(i) you do not agree to replace the Fence in accordance with the proposal at item (B) above; and

(ii) you do not agree to replace the Fence in accordance with an alternative proposal;

the Director of Housing will institute proceedings against you in the Magistrates’ Court pursuant to section 7(1) of the Fences Act 1968. The Director of Housing will seek an order requiring you to contribute to half of the cost of replacing the Fence, and that you pay the Director of Housing’s legal costs in obtaining that order.


Agreement to fence

BetweenDirector of Housing (‘Director’)

And <name> (‘Neighbouring Occupier’) (‘You’)

Of <address>

BackgroundThe Director owns the property at <address> (‘Director’s Property’) and the Neighbouring Occupier owns or occupies the neighbouring premises at <insert address> (‘Neighbouring Property’).

The boundary fence between the Director’s Property and the Neighbouring Property (‘the Fence’) needs replacement.

The Director and the Neighbouring Occupier have agreed to join in the cost of replacing the Fence.

Agreement1. The Director will engage the registered fencing contractor <name of contractor> (‘the Contractor’) to

replace the Fence in accordance with the attached quotation.

2. The fence will be constructed of timber palings and supported by timber cross-rails for the total length of the common boundary. The fence will be a standard 1650mm high timber paling fence.

3. The total cost of the proposed fence replacement is not to exceed <total cost of fence> (includes 10% GST).

4. The Director of Housing will pay 50% of the total cost of fence replacement and removal, and you agree to pay 50% of the total cost of the fence replacement and removal, namely <half cost share of fence> (includes 10% GST).

5. You agree to pay your share of the fence replacement costs by a single lump sum payment of <half cost share of fence> within 7 days of the fence construction to <name of contractor>.

_______________________________________________ Date:

Signed by

_______________________________________________ Date:

Signed by

_______________________________________________ Date:

Signed on behalf of Director of Housing


Memorandum to register finance for fencing repayment agreement

To: Regional office – Finance

From: __________________________________________________________ (Name)

__________________________________________________________ (Title)

__________________________________________________________(Housing office)

Date: ___________________________

Director-owned property address:_________________________________________________________________

Private owner/s or occupier/s address:_____________________________________________________________

Private owner/s or occupier/s name/s:_____________________________________________________________

Private owner/s or occupier/s contact number:_______________________________________________________

SC (Job) order number:________________________________________________________________________

Budget account code Recoupment budget: 92335 Minor Capital

:

Housing office Cost Centre: __________

Amount to be reimbursed: $________________

Agreement amount: $________________ per week / fortnight / month

HSO name: ____________________________________

HSM approval: __________________________________

(Attach copy of agreement signed by private owner/occupier and a copy of the completed job order raised)


Fencing cover letter

Fencing cover letter to occupier/owner

Re: Notice to Fence for <private owner/occupier’s address>

I act for the Director of Housing (‘the Director’). I note that you have not responded to the requests to fence dated <date last correspondence was sent>.

I have enclosed a notice to fence by way of service.

The existing dividing fence is in serious disrepair. The Director engaged a registered fencing contractor who has confirmed that the fence is not able to be repaired, and must be replaced. The Director proposes to replace the existing dividing fence along the boundary between the property you occupy at <occupier’s address> and the Director’s property at <Director address>.

The total cost of constructing the new dividing fence will be <costs> (inclusive of GST). The Director proposes to replace the existing dividing fence with a 1650mm standard timber paling fence, and that you contribute to half of the total cost, your share being <half share cost> as specified in the attached quotation from <name of head/fencing contractor>.

As the occupier of <occupier’s address> you are responsible for contributing to the cost of constructing the dividing fence, under the Fences Act 1968. However, if you are renting, your landlord is required to reimburse you for part of this cost, if you forward the attached notice to your landlord by registered post, within 14 days. I enclose a second copy of this notice for your convenience, for you to forward to your landlord. Please contact me once you have forwarded the notice, so that I may contact your landlord in relation to replacing the fence.

If you agree with the Director’s proposal to replace the dividing fence, please sign and return the attached Agreement to Fence. Alternatively you may wish to obtain your own quotation for replacing the dividing fence from a registered fencing contractor with public liability insurance.

If you will have difficulty in paying your proportion of the cost of replacing the fence, please contact us to discuss possible payment options.

Please return the signed Agreement to Fence or alternative quotation to: <name of HSO>, <housing office address>, by <date required to respond by, which is one month, plus 3 days for service by registered post>. If you are renting, please also remember to send a copy of this notice to your landlord within 14 days so that you can recover costs associated with replacing the fence.

A copy of this letter has been sent by registered post.

If you have any queries, please contact <name and contact number>.

Yours sincerely


Calling card note

A Housing Services Officer called today <date> at <time> am/pm concerning the condition of the fence.

The Director of Housing (Director) proposes to replace the existing fence along the boundary between the property you occupy at:

<private owner/occupier’s address>

and the Director-owned property at

<Director-owned property address>.

The Fencing Act 1968 requires the Notice to Fence be served on the Occupier of the neighbouring property.

Prior to sending you the Notice to Fence, we would like to meet with you.

As no one was at home at the time we called, please contact <Housing Services Officer> from the <local housing office> housing office on <telephone no.> between <time> am/pm and <time> am/pm to discuss the replacement of the fence.


Fencing repayment agreement

This agreement dated: _____ / _____ / 20___

This agreement is made between:

The Director of Housingof 50 Lonsdale Street, Melbourne 3000 (the Landlord)

And (the Owner/s or Occupier/s)

of

for the replacement of a party fence between the Director’s property located at

__________________________________________________________________________________

and your property situated at

___________________________________________________________________________________________

Total amount of debt: $_____________ for works carried out on ____ / ____ / 20___

It is agreed to as follows:The OWNER/OCCUPIER will pay to the DIRECTOR OF HOUSING an amount of $_____________each

week/ fortnight/ month until the arrears of $_________________ owing have been paid for in full.

The first payment is to be made on the ____ / ____ / 20___.

So long as the owner/occupier makes all of the payments due under this agreement, the Director of Housing will not commence legal proceedings against the owner/occupier in the Magistrates’ Court.

……………………………………………………………. Date: / / 20Signed by Owner/Occupier

……………………………………………………………. Date: / / 20Signed by Owner/Occupier

……………………………………………………………......... Date: / / 20


24 Hour notice to enter the rented premises

Section 85(b) Residential Tenancies Act 1997

Notice to enter rented premisesTo:.................................................................................................................................... (‘the tenant(s)’)

Of:......................................................................................................................... (‘the rented premises’)

From: The Director of Housing of 50 Lonsdale Street, Melbourne (‘the Landlord’)

Take notice that:

1. Pursuant to Section 85(b) of the Residential Tenancies Act 1997 (RTA), the Director of Housing, 50 Lonsdale Street, Melbourne, as Landlord, requires you to permit entry to the rented premises on the basis that:

• entry is required to enable the Landlord to carry out a duty under the Residential Tenancies Act 1997, the tenancy agreement or any other Act – s.86(1)(c) RTA

• the Landlord has reasonable grounds to believe the tenant(s) has failed to comply with his/her duties under the Act or the tenancy agreement – s.86(1)(e) RTA

• entry is required to enable inspection of the premises and entry for that purpose has not been made within the last 6 months – s.86(1)(f) RTA

(strike out non applicable sections)

Brief description of reasons(s) for entry: ..................................................................................................

..................................................................................................................................................................

..................................................................................................................................................................

2. The Director of Housing requires you to permit officers of the Department of Human Services, together with any persons who are necessary to achieve the purpose of the entry, to enter the

rented premises between the hours of................... and.................on the ...................(day) of

.......................................................... (month) 20.....................

3. If you do not permit entry to the rented premises at the time and date specified above, the Landlord may issue a Breach of Duty Notice to you and if necessary, apply to the Victorian Civil and Administrative Tribunal for a compliance order requiring you to permit entry.

Signed ............................................................... Date ......................................................

For and on behalf of the Director of Housing


Documents

Fencing maintenance manual · Web viewIf you will have difficulty in paying your proportion of the cost of replacing the fence, please contact us to discuss possible payment options