Experts have warned homeowners about a fence rule that could land them in legal trouble. One of the main issues that homeowners face, according to First 4 Landlord Advice, a landlord advice service, is related to fences between properties. Installing a fence too close to your driveway, especially near public roads or footpaths, could also breach local planning rules or spark neighbour disputes that end in legal action, they warn.
Many homeowners might be mistaken to assume that they can install a fence wherever they like. A spokesperson said: “Garden fences, especially those next to driveways and public walkways, are a planning grey area that catches a lot of people out”. Just because it’s on your land doesn’t mean it’s legal.” They explain that any fence in a front garden or next to a road or path cannot exceed 1 metre (3.2 feet) in height without planning permission. Meanwhile, rear garden fences can go up to 2 metres (6.5 feet), but this includes any trellis or decorative additions.
“We’ve heard from landlords dealing with tenant complaints where one neighbour decided to replace or raise a fence without consent,” says First 4 Landlord Advice. “What starts as a minor disagreement can quickly escalate into legal letters and even property devaluation.”
What is important to note is that wooden fences are not considered party wall structures, so they aren’t subject to the provisions laid out in the Party Wall Act 1996.
“Overstepping planning limits—especially near public highways—is a planning breach, regardless of intent,” one expert said. “Even if a neighbour doesn’t complain, the council has the right to issue an enforcement notice.”
There are a few things you need to check before doing any work involving fences on your property. Firstly, homeowners should ensure that the planned fence doesn’t exceed one metre if it is next to a road, footpath or front garden.
Additionally, you should review your title deeds for exact boundary lines and confirm whether the fence is solely yours or a shared (party) boundary.
Open communication with your neighbours is also advised, as this can greatly help when it comes to avoiding disputes. You can use your local council’s Planning Portal or contact your local authority to check requirements.