Can I Put Up A Fence Without My Neighbour’s Permission

The UK is not a large country and with so many new housing estates constantly being thrown up, it’s a wonder that there’s any space left at all. But the real problem is that most of us don’t have the luxury of open space on either side of our home. Most Brits have at least one neighbouring property that borders theirs and while many of us get along with our neighbours, there can be disputes. 

But even if you and your next door neighbours are as thick as thieves, that doesn’t mean to say that you have to live in each others’ pockets. Having a fence between two gardens gives that much needed privacy.

Of course, you have to be careful about what you install and where. There are a lot of boundary laws in the UK and things like unwanted fence installations are a major cause of arguments between neighbours. If you’ve been wondering can I put up a fence without my neighbours permission we have the answers you need right here. 

You are well within your rights to install a fence between yours and your neighbour’s property, providing that it is on YOUR property. You cannot install a fence if it so much as sits on your neighbours property by as much as an inch. Moreover, you must consider the height of your fence as, in the UK, it cannot exceed two metres without proper planning permission.

But as with anything to do with the law, things aren’t always quite as simple as they first seem. In this guide, we’ll tell you everything you need to know about installing a fence without upsetting anyone.

Do I Need My Neighbour’s Permission To Put Up A Fence?

As we have already mentioned, you are legally allowed to install a fence between your property and that of your neighbour. The only restriction here is that you must install it on your side of the border. If you go over by even the smallest amount, your neighbour would be well within their rights to take the fence down. 

The other thing to consider is that a standard domestic fence cannot be any higher than two metres. However, if you are putting a fence at the front of your property, then it cannot exceed one metre in height. 

That said, different local authorities will have differing restrictions on this so it is a good idea to check before installing your fence. If your fence is going to exceed the limitations then you must apply for planning permission. If you do not and someone reports your fence, you could be ordered to take it down. 

Related Article: Can A Fence Be Installed In The Winter

Working Out The Boundaries

In the UK, a boundary between property determines where one property ends and the next begins. Off the top of your head, you probably wouldn’t be able to exactly pinpoint the location of your boundary but it will be detailed on the property deeds. 

If you do not have your property deeds then it is possible to buy a copy from the Land Registry. We would suggest purchasing copies of both your own deeds and your neighbours. This will ensure that you get as much information as possible and can be clear on who owns which bits of the land. 

Moreover, a lot of neighbour disputes happen because people aren’t 100% sure which side of the property they are responsible for. Normally, as you look from your property, down the garden, the fence on one side will belong to you while the other side is the responsibility of your neighbour. 

There are rumours that the left side always belongs to you but this isn’t the case. There is no hard and fast rule over who is responsible for which side and this is something else you’ll need to check in your deeds. Once you know, you will be much more easily able to decide whether to erect a fence on that side of the boundary. 

Who Is Responsible For A Boundary Fence?

As well as thinking about which side of the property you are responsible for, you must also think about which side of the fence you are responsible for. It’s quite simple; if you have installed the fence on your side of the property then you are responsible for its upkeep. This applies to both sides of the fence. 

Just because you have installed a fence that can be seen on your neighbour’s side, this does not mean that they are then responsible for maintaining it. Most people will install the fence so that the ‘good side’ faces the neighbour, simply out of courtesy. However, this is by no means a law and is down to the individual. 

Can My Neighbour Paint Or Alter My Fence?

Once you have installed your new fence, you have to keep in mind that it is going to be visible to your neighbour. In the UK, nobody can be forced to maintain or replace a fence on private property. The only exception to this is if the fence is causing a health and safety risk. In this case, your neighbour could take you to court to replace or repair the fence.

A lot of people may assume that, when a fence faces into their garden, they are within their rights to paint it or alter it in some way for their own aesthetic benefit. This is not the case. 

Your neighbour is not legally allowed to alter the fence in any way, even if it is an eyesore to them. That said, there could be a clause in the documentation for your property detailing that you must keep any boundary walls or fences in good repair. Doing this will eliminate any risk of your neighbour interfering with the fence. 

Shared Boundaries

One thing to consider is that some boundaries are considered shared. For example, if there is a wall between two properties, both owners may have a responsibility for it. If you wanted to install a fence on top of the wall, you would then need permission from your neighbour. 

These boundaries are known as party walls and include outdoor structures as well as shared internal walls. If you wish to carry out any major work, you will need to notify your neighbour in writing first. Depending on what work you want to do, you may need to give as much as 12 months notice. Even then your neighbour could refuse and you may then have to go through a Dispute Resolution Process. 

Working With Your Neighbour To Find A Solution

Nobody wants to fall out with their neighbours over something as controversial as a fence. Most people will be willing to come to some sort of agreement but the key is communication. Even if you are legally installing a fence on your side of the boundary, this is still going to impact your neighbour’s space, albeit only visually. 

For this reason, we would suggest speaking to your neighbour first and letting them know that the installation will be going ahead. If they do not like the idea of the fence, you might offer to allow them to alter the side that faces them to fit in with their garden. Something like this may be enough to appease them. 

Of course, not everyone is going to give up without a fight, and it may be the case that you have to attend mediation. Here, you may be able to come up with an agreement that suits both parties and everything can be recorded in writing in the presence of a third party. 

Recent Article: Do I Need A Permit To Put A Fence Around My Yard

Conclusion

We all want some privacy when spending time in our gardens but with neighbours on most sides of your property, this isn’t always possible. The most simple solution is to erect a fence but you must only do this if the fence will sit on your side of the boundary. 

Doing it this way, you don’t need permission from your neighbour. However, if you encroach onto the land even just a little bit, they are within their rights to remove the fence. Moreover, any fence should not be taller than two metres without planning permission. 

Most neighbours will be willing to meet you halfway where boundaries are concerned. There are some that will kick up a fuss over the smallest thing but knowing where you stand legally can make all the difference in doing things the right way.