Australia

Who pays for maintenance of a shared wall between neighbors in Australia?

50%
Default cost-sharing ratio under most state legislation
28 days
Standard notice period required before carrying out urgent repairs in NSW
The Short Answer

In Australia, maintenance costs for a shared (party) wall are usually split equally between neighbours unless a prior agreement or court order says otherwise.

What the Law Says

Australian law treats shared walls—often called party walls—differently depending on whether the property is strata-titled, freehold, or subject to a boundary agreement. State-based legislation governs responsibilities, with no single national law.

Under the Strata Schemes Management Act 2015 (NSW), section 106, lot owners must contribute proportionally to maintaining common property—including shared structural walls—based on unit entitlements.

For non-strata properties, the Dividing Fences Act 1991 (WA) and similar laws in QLD (Neighbourhood Disputes (Dividing Fences and Trees) Act 2011) and VIC (Fences Act 1968) apply to dividing structures but not always internal party walls; courts often rely on equitable principles or common law nuisance doctrines where statutes are silent.

In South Australia, the Development Act 1993 and associated regulations require written agreements for shared structural elements, and absence of such agreement triggers equal cost-sharing under common law precedent (e.g., O’Connor v Daley [2004] SASC 275).

Statutory Text

Each owner is liable to contribute equally to the cost of repairing or renewing the fence, unless otherwise agreed in writing.

— Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), s 21(1)

What to Do

1

Check your property title, strata by-laws, or any existing written agreement about wall responsibilities.

2

Contact your neighbour in writing to propose shared inspection and quote collection from a licensed builder or structural engineer.

3

If agreement fails, issue a formal notice under your state’s fencing or strata dispute resolution process (e.g., QCAT in Queensland or NCAT in NSW).

4

Apply to your state’s civil and administrative tribunal for a binding cost-sharing order if repairs are urgent or safety-related.

5

Document all communications, quotes, and inspection reports—these are essential evidence if mediation or tribunal action becomes necessary.

Sources

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 – Queensland LegislationStrata Schemes Management Act 2015 – NSW LegislationFences Act 1968 – Victorian Legislation

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-11.