In Vaughan, you can ask your neighbour to pay half of a basic 4-foot chain-link fence or half your actual cost, whichever is less. You must send notice by registered mail 14 days before work begins.
A rotten shared fence is one of the few home repairs where a City by-law tells you exactly how to bill the people next door. Vaughan's Fence Apportionment of Costs By-law, number 175-93, was passed in 1993 and is still the rulebook the City points to. It reads like legal text, so here is what it means for a homeowner planning a replacement.
What counts as a shared fence
The by-law calls it a "division fence": a fence marking the boundary between adjoining parcels. It covers building a new one, rebuilding one or repairing one. It applies to land across the City, except public highways and road allowances. If your neighbour already started a claim under Ontario's Line Fences Act before the by-law passed, the by-law steps aside, which is unlikely to matter today.
The notice comes first
If you want your neighbour to share the cost, you have to serve them a notice of your intention by registered mail at least 14 days before work starts or before you sign a contract for it. Skipping this step is the most common way a homeowner loses the right to ask for money. Send it before you collect quotes you intend to accept, not after the old fence is already on the curb.
If both owners agree in writing, the default is simpler: each builds or repairs 50% of the fence and pays 50% of the actual cost, unless your agreement says otherwise. A short signed note with the agreed fence type and price is worth more than any later argument about what was said over the hedge.
How the split actually works
Without a written agreement, the by-law uses two numbers. The "basic cost" is what it would cost to build a 4-foot-high galvanized chain-link fence to the by-law's specification: small-diamond mesh of 12-gauge galvanized wire, galvanized posts set in concrete at least two feet below grade and no more than ten feet apart, with top and bottom rails. The "actual cost" is the full cost of your fence, materials and labour.
Your neighbour pays 50% of the basic cost or 50% of the actual cost, whichever is less. You pay the rest. So a cedar privacy fence that costs far more than chain-link does not double what the neighbour owes; their share is capped at half of what a plain chain-link fence would have cost. If you choose a cheaper fence than chain-link, they pay half of what you actually spent.
- Get your contractor to price a basic chain-link fence of the same length next to your chosen fence, so the basic-cost figure is a written quote and not a guess.
- Keep invoices. The "actual cost" includes materials and labour.
- If the neighbour is a condominium corporation, the corporation, not the individual unit owners, is treated as the owner, and any payment is a common expense.
Billing the neighbour: the 90-day window
Once the fence is finished, you have 90 days to serve a second registered-mail notice requiring your neighbour to pay their portion. If they do not pay within 30 days of that notice, you may take proceedings under the Provincial Offences Act to recover the share. The City's fence page adds that disagreements are handled in Small Claims Court or the Superior Court of Justice, and encourages owners to call the City for clarification, so confirm the route with the City before you file anything.
Put both dates in your calendar the day the work is finished. Missing the 90 days is the other easy way to lose the claim.
The fence still has to follow the Fence By-law
A shared fence built under this by-law has to comply with Vaughan's Fence By-law as well. In the City's height table, most rear-yard fences top out at 2.0 metres, and a fence within 2.4 metres of a side lot line along a public street can go to 2.5 metres. A fence in the front yard within 2.4 metres of the street is limited to 1.2 metres. Anything beyond the table needs a fence exemption application, which the City lists at $514 for 2026. Corner lots also have to keep a clear sight triangle for traffic.
Heritage districts add a permit
The by-law says a division fence built or repaired inside a Part V heritage conservation district is subject to that district's permit requirements. In Vaughan that includes the Woodbridge, Kleinburg-Nashville and Thornhill districts. Sort out the heritage permit before the cost notice, because a neighbour who is asked to pay for an unapproved fence has a fair complaint. The Woodbridge rules are covered in our guide to fences in the Woodbridge heritage district.
Quick answers
Who pays for a shared fence in Vaughan?
Usually you pay the balance and your neighbour pays half of a basic chain-link fence or half the actual cost, whichever is less. A written agreement can set a different split.
Do I have to tell my neighbour before replacing a fence in Vaughan?
If you want them to share the cost, yes. By-law 175-93 requires notice by registered mail at least 14 days before work starts or a contract is signed.
How long do I have to bill my neighbour for the fence?
You have 90 days after the fence is finished to serve a registered-mail notice asking for payment. The neighbour then has 30 days to pay before you can take legal steps.
What if my neighbour refuses to pay for the fence?
The by-law allows recovery under the Provincial Offences Act, while the City says disagreements go to Small Claims Court or the Superior Court. Call the City before filing anything.
Who can I call to replace a shared fence in Vaughan?
Call a fence contractor or a Rhodex craftsman. You can get a fixed price for fence repair, labour only, plus materials and HST, at https://rhodex.ca/get-a-quote.html?from=shared-fence-cost-sharing-vaughan.
Talk first, then send the paper
The registered-mail notice is a legal step, not a conversation, and neighbours tend to take it better when they have already heard the plan from you. Walk the fence line together, agree on the style, then send the notice so the dates start counting. If the neighbour is happy to pay half the actual cost in writing, you may not need the by-law at all.
Sources: City of Vaughan, By-law 175-93 and the City's Fences page. This is general information, not legal advice.
Related reading
- Fence repair from Rhodex: get a fixed price
- More home repair guides for Vaughan
- Fence Board or Panel Repair vs. Full Replacement in Woodbridge
- How to Check a Contractor's Licence in Ontario
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