Being a good neighbour

This page provides information on being a good neighbour, resolving neighbour disputes, information on common neighbour issues including fences, trees, and noise.

Preventing disputes with neighbours

As a neighbour, there will be situations where your actions on your property may impact your neighbours, and vice versa. It’s important to be mindful of the noise you generate in your home and yard.

Below are some common neighbour disputes and how you can prevent and resolve them:

Experiencing boundary issues with your neighbours can lead to stress, financial costs, and prolonged negative feelings. Some common boundary issues between neighbours include:
- Overhanging branches that shed leaves into gutters, obstruct light, or hinder the growth of trees and plants. We advise cutting and trimming overhanging branches to prevent leaves from falling, blocking light or inhibiting the growth of trees and plants
- Tree roots that damage house foundations, block drains, or lift brick paving. It is crucial to ensure that your tree roots are not causing damage to house foundations, obstructing drains, or raising brick paving
- The need to construct, repair, or replace a dividing fence
- The construction of retaining walls.
For more information, please view our Dividing Fences document here.
Noise
Noise can come from various home activities like parties, renovations, and appliances. According to the Environmental Protection Act 1986, making unreasonable noise can be seen as an offence and can be controlled by regulations.
If you have a neighbour who’s noisy, we suggest you talk to them politely about the issue and try to find a solution together. If the noise persists, you can report it to the City for investigation.
For more details, please visit our noise page.
Hosting a party
Parties can be fun ways to celebrate special occasions, but it’s crucial to ensure your guests are safe and your neighbourhood isn’t disrupted.
- Invite your guests with the party’s time and location. If parking is limited, suggest your guests share cars, take a taxi, or use public transport and make sure guest vehicles aren’t parked illegally or causing a blockage
- Talk to your neighbours about a reasonable music volume. Consider turning it down after 10.00pm
- If you have guests under 18, make a list of guardian contact numbers, and don’t serve them alcohol
- Encourage your guests to drink water and eat between alcoholic drinks
- Ask everyone to leave the party quietly so they don’t disturb your neighbours
- Help them arrange rides or taxis, and don’t let them drive if they’ve been drinking.
For more information, check out the WA Police Hosting a Party Guidelines.
Anti-social behaviour
Antisocial behaviour is described as ‘actions by a person that can cause or are likely to cause, harassment, alarm or distress to people not from the same household as the person.’
Please remember, behaviours like swearing, shouting and other antisocial actions are matters for the Police and won’t be investigated by the City.
By law, a dog is seen as a nuisance when it barks persistently in a way that significantly disturbs the peace, comfort, or convenience of any person. Many dog owners might not know that their dog is barking and/or causing a nuisance to others. Dogs often bark when their owners are away, so the owner might not be aware of the issue. While it’s normal for a dog to bark at noises or passers-by, it’s not normal for a dog to bark for extended periods.
For more information, please visit our responsible dog ownership page.

FAQs

What is the difference between a dividing fence and a street fence?

A dividing fence is a fence that separates two properties owned by different people. It doesn’t include fences along roads or retaining walls.

A street wall or fence is a wall, screen, or barrier that faces the street and is in the main street area, usually in front of a house. This also includes fences on the side boundaries in the street setback area.

For more details about street walls and fences in the City of Stirling, check out the City’s Street Walls and Fences Information Sheet.

Can you resolve boundary issues without talking to your neighbour?

Yes, you can manage certain boundary problems without your neighbour’s involvement. For example, you’re allowed to cut branches that hang over into your property. You can also cut back or remove a tree up to your property line or fence. But remember, you shouldn’t damage the tree, cut branches or roots if the tree is protected by a preservation order, or enter your neighbour’s property without their permission.

Can I cut branches or roots that are encroaching onto my property?

Legally, you have the right to cut and remove any tree branches or roots that cross over from your neighbour’s land into yours, up to the edge of your property. If you cut anything on your neighbour’s property, you could be held responsible for property damage. Although the law doesn’t require you to notify your neighbour before taking this action, it’s a good idea to inform them about what you plan to do.

I want to build a dividing fence that is higher than a sufficient fence.

If you want to build a dividing fence higher than 1.8 metres, you need to get your neighbour’s agreement and might need a building permit. If you want to replace the current fence with a different type, you must inform your neighbour about the kind and size of the new fence. If the existing fence is in good condition, you might have to pay for the new one yourself.

What can I do to repair or replace an existing fence?

Both neighbours must share the cost equally to repair a fence, whether the land is developed or vacant. 'Repair' includes fixing, realigning, or re-erecting the fence. However, replacing an old fence with a completely different type, like changing an old asbestos fence to a new metal one, is not considered a repair.

How do I find the owner of the property next door?

If you don’t know how to contact your neighbour, you can:

Ask the tenants or property manager if the property is rented
Do a land title search on the Landgate website
Call the City of Stirling at 9205 5555 to speak with a Rates Officer for neighbour details related to a dividing fence matter.

Can a builder remove my dividing fence during construction?

If a builder needs to remove a dividing fence for construction, they should either fill out a BA20A Form or get your neighbour’s consent before removing the fence. The Department of Mines, Industry Regulation and Safety (DMIRS) allows this process to happen anytime before the fence is removed, so the City can’t enforce this as part of the building permit process.

Boundary walls, also called ‘close walls,’ don’t need neighbour consent. If a dividing fence needs to be removed to build a boundary wall, neighbours must be notified, but their consent isn’t required. This rule only applies to the part of the fence being replaced by the boundary wall. For any other part of the fence, you should get your neighbour’s consent.

Get to know your neighbour grants

Quick response grants are available for neighbourhood get-togethers and get to know your neighbour events. These grants are for small amounts up to $2,000 and are approved quickly. You can also apply for venue hire through these grants. The activity, event, or project must benefit the City of Stirling community.

It’s a good idea to discuss your project with a grants officer before applying.

Learn more about quick response grants, on our Community Grants Program page.

How to resolve neighbourhood disputes

If you are having a disagreement or issue with your neighbours, it’s important to address it directly and tactfully as soon as you can.

Here are a few tips to resolve disputes with your neighbours:

Always aim to sort out the problem directly with your neighbour first, by having a chat in person
Avoid using text messages or emails which can be misunderstood easily
Try to stay calm, positive, and polite and concentrate on the problem, not the person
Be clear about the problem and what you want them to do or agree to. Clearly explain the problem and what you want them to do or agree to. Listen to their worries and take them seriously
When a person feels they’ve been listened to and understood, problems are often easier to solve.

Reporting an issue

If you’re having problems with a neighbour, try to talk to them politely first before doing anything that could impact them or their enjoyment of the neighbourhood. If the issue persists, it’s a good idea to keep track of what’s happening and when. This could be helpful if you need to take legal action. If talking or mediation doesn’t help, or if you suspect criminal behaviour, you can report your neighbours to the right authority.

When to contact the City

If the issue is related to local laws, like fences, loud noise, burning off, unsightly premises, fire hazards, or dangerous, noisy, or wandering pets, you can contact us at (08) 9205 8555.

When to call the police

If there is a loud party in the early hours, or if a neighbour is harassing you or threatening violence, you can call the Police Assistance Line on 131 444.

When to call Triple Zero (000)

If the issue involved family violence and you think someone might be in immediate danger, call Triple Zero (000) right away.

Also call emergency services if someone’s life, property or your personal safety is under immediate threat and you need emergency services urgently.

When to call Crime Stoppers

If you suspect a neighbour or criminal or hoon behaviour, call Crime Stoppers on 1800 333 000 or lodge an online report.

Resources

Legal Aid WA - Legal Aid is an organisation run by the State Government that offers legal assistance to people in Western Australia. You can visit the Legal Aid website to see what services they provide
Perth Magistrates Court - The Perth Magistrates Court can help resolve civil issues, like disputes over dividing fences
Citizen’s Advice Bureau - The Citizens Advice Bureau can give advice, provide mediation services, and help with next steps if mediation doesn’t work. You can learn more on the Citizens Advice Bureau website
Mediation services - Mediation is a process where a natural third party helps people in a dispute identify issues and explore options for agreement. The mediator won’t take sides or make decisions for you. You can find a list of mediation services in Western Australia on the Legal Aid website.