WA Has new Strata Titles Act 1985 changed liability for Internal Dividing Fences?

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Wayne Russell

Active Member
10 June 2016
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Has the new Strata Titles Act 1985 (May 2020 ratified) changed the ‘liability for upkeep and maintenance’ for internal fences (not Boundary fences) within a Strata Scheme to that now solely being a Strata responsibility? Previously if an internal dividing fence repair or replacement was required b/w lot owners or a lot owner & common property, that liability/cost was shared 50% between them.

PREVIOUSLY
"Dividing fences a guide - Building Commission 2012 - Government of Western Australia, Department of Commerce"


• if the fence divides two (2) lots in the strata scheme, the owners of those lots are equally liable; and

• if the fence divides both a lot and common property in the scheme, the owner of the lot and the strata company are liable.

NEW Strata Titles Act 1985

214. Internal fencing​

(1) The Dividing Fences Act 1961 applies to fencing between lots in a survey‑strata scheme as if —
(a) adjoining lots were adjoining lands to which that Act applies;


The ‘survey-strata scheme’ referred to in above section ‘214. Internal fencing’ entry is inclusive of ‘single tier strata scheme’s according to ‘Schedule 2A — Special provisions for single tier strata schemes’