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The way the legislation works is this: if the fence needs repairs or replacing, and it is reasonable for the area, then you issue the neighbour with the necessary notice in writing. You then wait the required time for them to respond (3 months I think). After that, you can build the fence and...

IMPORTANT: do not start work on the fence until you have followed the procedure above, which includes waiting for the neighbour to pay. You have no right to put up a new fence and then ask them to contribute: the neighbour can legally say no!