In the UK, one of the most common reasons for a dispute between neighbours comes over boundaries. There is a common misconception that the right boundary side of the property is your responsibility but this is not always the case. The only way to know which side you are responsible for maintaining is to check your deeds.
But even when you are looking to make your neighbour’s side more private, you may still be able to erect a fence. As long as you don’t install anything on their property, you are not breaking the law. But even with this knowledge, homeowners are still asking do I need a permit to put a fence around my yard?
The short answer is not always. For the most part, you will be able to install a fence around your garden without planning permission. However, there may be times that planning permission is needed so it’s always best to check.
There are things such as height restrictions and whether your property is a listed building that will affect whether you can put up a fence. In this guide, we will tell you everything you need to know. With that in mind, it is always best to speak to your local authority as there can be slight differences in some areas of the country.
When Do I Need Planning Permission For A Fence?
In the UK, for the most part, you won’t need to have planning permission for a fence. That is provided the fence is on your property and doesn’t exceed the boundary line. But we will look at neighbour disputes a little later in this article.
There are, however, some instances in which you will need to apply for planning permission before you can erect a fence. In any case we would advise checking even if you think you are 100% certain about your rights.
Usually, you would need to apply for planning permission if the fence is going to exceed two metres in height above ground level. This not only includes the fence but any trellises that you may attach to it as well.
That said, if you live next to a highway that either backs directly onto your property or the footpath of that highway backs onto your property, you will need to apply for planning permission if the fence will be taller than 1 metre.
For homeowners whose properties are listed buildings, you will also need to apply for planning permission before you can legally put up a fence.
In any of these cases, if planning permission is not granted, the local authority would be within their rights to ask you to remove the fence. If you do not comply, then the LA would also be able to take legal action to force you to take down the fence. To save these costly events, it’s far better to apply for permission and do things correctly from the off.
Can My Neighbour Put Up A Fence Without My Permission?
While the most common dispute between neighbours is noise, boundary disputes are up there at the top of the list. Coming to (figurative) blows with your neighbour over a fence can create unnecessary tension and make life uncomfortable and downright miserable. So understanding yours and your neighbours rights can lead to fewer problems.
The first thing you will need to do is to identify the exact boundary between the properties. You will find this information both on your own house deeds and those of your neighbour. Once you identify this, your problems should immediately be solved as this will tell you where your neighbours are legally allowed to install a fence.
If they have installed it on your property, you have the right to ask them to remove it. If they don’t, you could take legal action but keep in mind this can be costly and can worsen disputes. It’s sometimes worth considering whether a fence placed two inches onto your property is really going to cause you that many issues.
Going back to the point we made earlier about height; even if the fence is on the neighbours property, it cannot exceed two metres.
You might also wish to consider the state of the fence. If your neighbour has put up a fence that appears in any way dangerous, you have the right to question this. Primarily, you would approach your neighbour and ask them to fix or uninstall the dangerous fence. They do have the right to say no and you cannot alter the fence yourself without their permission. In this case, you may need to file a complaint with your local council.
Generally speaking, it is far better to come to an agreement with your neighbour over boundaries that suits both parties. Of course, this can be difficult when there are two opposing opinions so using a mediation service is sometimes the most appropriate course of action.
Related Article: Can A Fence Be Installed In The Winter
Conclusion
The laws on putting up a fence on a domestic property in the UK are pretty simple. Provided that you don’t live in a listed building, that the fence is no taller than two metres and that your home isn’t next to a highway, you should be able to put up a fence without any problems.
There are exceptions to these rules that will vary depending on where you are in the UK. For the most accurate information, you should refer to your local council’s website.