Homeowners have been warned by solicitors that they could be slapped with a hefty £20,000 penalty if their fence breaches the legally prescribed height limit. Tight regulations govern the acceptable height of fences, with experts cautioning that non-compliance could ‘trigger a sequence of events’ resulting in significant fines.
A myriad of fencing rules exist, which might even result in criminal damage charges for individuals who take liberties with their neighbour’s fence, such as painting it without permission. Additionally, legal professionals offer guidance on the correct course of action should your neighbour’s fence collapse onto your property.
Fences are a popular choice for garden boundaries due to their lower maintenance compared to hedges, providing much sought after privacy from neighbours, but there is a risk of excess. In the UK, back garden fences can traditionally stand at a maximum of 2 meters (around 6.5 feet) tall, and those encircling front gardens—that may adjoin roads or public walkways—are usually capped at 1 meter (approximately 3.3 feet).
Overstepping these restrictions without the requisite planning consent can see homeowners face council-imposed penalties or enforcement measures.
Yet the law is clear—your fence must not exceed two metres in height without prior planning approval. Sean Bunyan from Eurocell has emphasised the severe repercussions that incorrect fence height can precipitate.
“Failure to gain planning permission can trigger a sequence of events that could lead to a £20,000 fine or more,” he cautioned.
“It’s important for people to do their research before they commit to starting any work.”
He further advised: “That way, people can avoid being hit by a hefty fine, or having a visit from the planning officer.”
What to do if your neighbour’s fence collapses.
On the matter of a neighbour’s deteriorating fence, boundary law specialist Mike Hansom from BLB solicitors commented: “It’s not uncommon to find a neighbour’s fence in poor condition, possibly even leaning into your garden. You should first raise this politely with your neighbour, particularly if the fence is trespassing on your property. But what if they refuse to take action?”.
“You can attempt to shore it up or repair it yourself with their consent. But beware of doing this without their permission as you may find it’s you that’s committing trespass.
“If the fence collapses into your garden, the law permits you to place the damaged pieces back into your neighbour’s garden. But in so doing, beware of further damaging it or anything else on your neighbour’s side. If you do, you could be guilty of causing criminal damage. It’s always wise to anticipate a dispute. With this in mind, take photos of the fence before touching it to show its condition and again afterwards to show where you have moved it.
“In any situation where you are replacing a fence or erecting a new one where none existed before, discuss the details with your neighbour. Agree and mark out its position, including the location of any fence posts. While it may not always be practical or seem necessary, the agreement should be in writing with a detailed scale plan attached.”
Can I paint my neighbour’s fence?
You mustn’t paint, repair or otherwise meddle with your neighbour’s fence without their consent. Doing so constitutes criminal damage.
Jones Robinson solicitors advise: “Generally, fences can be up to two metres high without needing planning permission. However, if your fence fronts a highway, the maximum height without permission is one metre. Always check local regulations as they can vary.
“Navigating garden fence laws in the UK requires careful attention to regulations and open communication with neighbours. By understanding and complying with these laws, you can enhance your property while maintaining good neighbourly relations. Always consult local authority guidelines and seek professional advice when in doubt to ensure your fencing projects are legally sound and neighbour-friendly.”
Who owns the fence?
Beaton’s Building Supplies clarified: “It’s a common belief that the fence to the right is the one you are responsible for. However, this is merely a myth.”
To determine which side of the fence is yours, it’s recommended to consult your house deeds, land registry or seller’s property information. “Remember, the legal height of a fence is 6’6” or two meters.
However, you can construct a fence taller than two meters, provided you obtain the necessary permissions first,” they counselled.”
You’ll need to secure planning permission from the relevant UK authorities at your local land registry offices. Without their approval, you’re only permitted a fence up to 6’6.
If you reside in a listed building, the regulations for erecting a fence differ. Regardless of your fence’s height, you’ll need to gain planning permission from your local authority prior to construction.
This is due to the special protections and regulations that apply to listed buildings when making any modifications or alterations. “