If you’re sitting out in your garden then the last thing you want are prying eyes invading your privacy. But with so many of us in the UK having neighbours on at least one side of our property, it isn’t always easy to relax without someone looking in on you.
One of the most common solutions to improving privacy is to install a fence. Pretty much every UK property has some sort of boundary fence. If they don’t, then there’ll likely be a wall or other structure separating the properties.
But when you erect a fence, there are some things to consider such as the placement of the fence and its height. You cannot install a fence on a neighbour’s property and you may need to speak to your neighbour or apply for planning permission when erecting a fence on your own property. Although, for the most part, you are free to do as you please on your own land.
But according to House Beautiful, fencing issues are among some of the top reasons for neighbour disputes in the UK. This comes alongside things like noise complaints and parking issues. If you want to avoid any nasty run-ins with those that live closest to you, it’s important to educate yourself on what you are and aren’t allowed to do. It is also essential to be aware of your responsibilities in terms of fencing and boundaries so that you cannot be held accountable for something you don’t need to be.
This is our ultimate guide on everything you need to know about how fencing works with neighbours in the UK.
Which Side Of The Fence Is My Responsibility?
Most properties built in the UK come with fences installed in the back gardens between homes. This is standard but some people may wish to replace them. Plus, over time, fences will degrade and need repairs or replacement.
But once a fence is installed, one side is going to face you while the other faces your neighbour. You might want to know what responsibilities you have for the side that faces your garden.
Well the reality is that you might have no responsibility at all. It depends on who installed the fence and whose property it is on.
If The Fence Belongs To You
You can install a fence between yours and your neighbour’s properties, providing that it sits solely on your side of the border. We will go into more details on this later on but for now, just assume you’ve followed all of the laws and the fence sits on your side.
In this case, you are 100% responsible for the upkeep of the fence. This applies even to the side that faces your neighbours’ property. Think of it like this; if you park your car on your driveway which sits directly next to your neighbour’s driveway, your neighbour wouldn’t have the right to touch, alter or repair that side of your car in any way.
The same applies to the fence. It belongs to you and is therefore solely your responsibility. This means that, if the fence falls into disrepair, rots or is damaged in any other way, you must fix it. Your neighbour may come to you to tell you that there are problems on the side that faces them and you must be prepared to put this right.
If The Fence Belongs To Your Neighbour
Your neighbour may decide to install a fence on their property which directly joins your own garden. Again, as long as they have not placed any part of the fence on your land, there isn’t anything you can do about it, even if you don’t like the fence.
However, this also means that the fence is the sole responsibility of your neighbour. They will need to make sure that it is kept in a good state of repair and fix any problems both on their side or on yours.
This also means that you are not allowed to alter the fence in any way. If you fancy sprucing up your garden with a lick of paint, this cannot be done without express permission from your neighbour; they own the fence. In fact, you wouldn’t even be allowed to put just one nail into the fence without their say so.
If It Is A Shared Fence
Some properties feature a shared fence. In this case, both neighbours are equally responsible for its maintenance.
But since this is a shared fence, you are not within your rights to perform any work on the fence without speaking to your neighbour first. Of course, most people are looking to keep their property pleasant and aesthetically pleasing. So, if you wanted to repaint the fence, repair any broken parts or replace it when it’s rotten, not many neighbours are going to say no.
On the other hand, your neighbour may approach you and ask you to contribute towards shared fence repairs. While you’re not obliged to pay up, it’s common decency.
Who Owns A Fence Between Two Properties?
One of the biggest things to confuse homeowners in the UK is who owns the fence between two properties. There is a myth that, as you look out from the house, the left side fence is your responsibility. But this isn’t always the case. Which side of the property is yours varies greatly and the only way to tell whose is whose is to look at the deeds.
You can easily tell which side you are responsible for as there will be a T on your side of the border on the land deeds. There may not be a T and instead, you might be a H, although this is actually a double T. This means that the border is shared so both sides will be responsible for its upkeep.
It is possible to purchase the deeds for yours and your neighbours property from the Land Registry. However, if for some reason, you cannot, you might just look to see which side of the boundary the fence is built.
One of the first things to look for is where the fence sits. Most fences, walls and other boundary structures will have originally been built on the side that is responsible for them. A good way of telling this is to look at which side of the house wall the fence sits.
You can also hazard a guess as to whose fence it is by looking at which way around the fence was installed. When erecting a fence, most installers will do it with the ‘good side’ facing the neighbour, just out of courtesy. Therefore, if the good side faces your property, the chances are that it’s your neighbour’s fence.
Do keep in mind that these methods aren’t 100% reliable and the only way of being certain is looking at those property deeds.
Can I Install A Fence Without My Neighbour’s Permission?
The big question on everyone’s lips is whether you are legally allowed to install a fence without asking your neighbour first. Now, you don’t have to have permission from your neighbour to erect a fence on your own property. However, if the fence is going to be visible from their side, it’s often courteous to at least let them know your plans.
The neighbour may not be happy about the new fence but as long as you aren’t breaking any laws, there’s nothing they can do to appeal it. That said, it can help to try to come to some sort of agreement with your neighbour. You might offer to let me alter the appearance of the fence on their side so that it better fits in with their garden, for example.
The last thing that anyone wants is an unfriendly dispute and you’ll find that most people are willing to compromise.
Provided that your new fence does not sit on your neighbour’s land, you are free to install it. You can even install a fence alongside your neighbour’s if it’s on the side that they are responsible for. You might do this if they install a fence that you don’t like the look of.
Related Article: Do I Need A Permit To Put A Fence Around My Yard
How Tall Can My Fence Be?
While you are perfectly within your rights to put up a fence on your property without the consent of your neighbour, there are limits as to what you can do.
In back gardens, a fence must not exceed two metres in height while in a front garden, along a highway, the fence can be no taller than one metre. If you want to install something larger than this, you must obtain planning permission from your local council.
Moreover, it’s worth noting that there may be different restrictions between councils so before installing a fence, it’s worth checking these out. In the event that you put up a fence that exceeds the locally allowed height, you could be ordered to take it down. This would essentially mean having wasted your time and money on installing the fence in the first place.
Do You Have To Give Your Neighbour The Good Side Of The Fence?
As we mentioned earlier, most people will install a fence so that the neighbour gets the good side. When we say good side, we mean the smooth, most aesthetically pleasing side of the fence. However, there is no hard and fast rule on whether you should do this.
Most people will do this out of courtesy but your neighbour would be in no position to complain if you decided to keep the good side for yourself. Again, as long as the fence sits solely on your property, there isn’t much they can do about it.
Moreover, if you did want to have the good side facing you, your neighbour would always have the option of installing another fence alongside yours. This would allow them to have an appearance that suited them while you still get to keep the good side in your garden.
What you might wish to think about is how to place the fence when it sits alongside a public area. For example, if you’re putting up a fence between your property and the public footpath or a road. In this case, putting the good side facing towards your home may look a little strange. Many would say that, from the road, the fence might look as though it were installed back to front.
Again, there are no rules on this, it’s just something to think about if you want to improve the look of your property from the outside.
With all of that in mind, there are some fences that have two good sides. The structural aspects of the fence are hidden in between decorative cladding on either side. So, no matter which way around you install the fence, it’ll look good on both sides. Of course, you’ll likely have to pay a little more for this type of fencing but it’s often worth it for the aesthetic appeal and to save problems with neighbours.
Can I Paint My Side Of My Neighbour’s Fence?
If your neighbour has installed a fence on their property, you have no right to paint it or alter it in any other way. Even though the fence may be facing into your garden, it very much remains the property of your neighbour.
Most people are pretty friendly and won’t mind too much if you paint the fence to match your garden, as long as you ask them first. It’s not as though they’re going to see your handiwork, but it’s still important to obtain their consent.
What To Do When Neighbours Don’t Agree With Fencing
Not all of us are blessed to have amicable relationships with our neighbours. There are some people who will be difficult for the sake of being difficult. Other times, two neighbours may have genuinely different opinions regarding a fence but it’s important to come to an agreement.
It may surprise you to learn that as many as one in ten people has moved house as a result of a dispute with a neighbour. No matter who you are or what your opinions, we’d hazard a guess that you wouldn’t want it to come to this. The cost of moving house is astronomical, not to mention the stress and hard work involved in the move.
One of the best ways to avoid disputes over fencing without neighbours is to keep communication open at all times. If you want to work on a fence; speak to your neighbour. If you want to install a new fence, even on your own property; speak to your neighbour. If you think that their fence is in need of repair; speak to your neighbour. As long as you are open, honest and approachable, most situations can be resolved.
Sometimes, it won’t be possible to reach an agreement and in these cases, you may need to go to mediation with your neighbour. This involves hiring the services of a professional third party who will help you to come to a solution where both parties are happy.
In the very worst situations, neighbours may find themselves in court. This might be the case where fences have been installed on someone else’s property, when health and safety risks arise as a result of a dangerous fence or when you cannot agree over work on a shared boundary. While this is extreme, it is one of the only ways to solve legal issues with a definite conclusion. Once you are ordered by a court, you must follow the instruction or face further penalties.
Recent Article: Can I Put Up A Fence Without My Neighbour’s Permission
Conclusion
I don’t think that there are many people who enjoy fighting with their neighbours, but sadly, a lot of people end up in situations like this as a result of fencing. There are lots of things to think about when it comes to boundary fences between properties but the key is always to communicate with your neighbours.
You are within your rights to install a fence on your property and your neighbour cannot alter it or contest its presence. On the other hand, they also have this right and you wouldn’t be able to complain about it.
There are also the issues of shared fences, who gets the good side of the fence and fence height to consider. Before you start any work, it’s worth getting to grips with your rights and responsibilities to avoid compilations down the line.