Boundary Fence Rules UK

Boundary fence rules UK

There is little more guaranteed to cause discontent between neighbours than a boundary dispute or a disagreement concerning something on, near, or encroaching over or under a boundary.

The following are among the most common questions relating to boundary fence rules in the UK.

Who owns the fence UK?

The first thing to remember is that a boundary is simply a line with no width, marking the extent of a property. A boundary feature, on the other hand, is anything used to mark that extent. Boundary features can be a fence, hedge, wall, line of trees, ditch, or sometimes just the edge of a driveway. The feature may be on either side of the boundary or straddling it.

There are a number of common misconceptions concerning boundaries. For example, despite a widespread belief to the contrary, there is no legal presumption that a person owns or must maintain a fence or other boundary feature on either the left or the right of the property. However, if a T-mark on your deed plan is inward-facing to your property, it usually means you are responsible for the repair of that boundary feature. But, importantly, the Court of Appeal has held that a T-mark does not also mean (or indicate) that you own that boundary feature. Therefore, a plan is unlikely to be of much assistance on the question of ownership. An H-Mark indicates joint responsibility.

Sometimes, the original deeds help clarify the issue of who owns the boundary feature. On larger developments, the builder often provides some indication. Alternatively, understanding the general ownership pattern along your road may provide a solution. Sometimes, however, unsatisfactory though it may be, there is no clear answer.

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How close can I build to my neighbour’s fence UK?

As you have no right to build on your neighbour’s land, there are two questions to consider. Where is the boundary, and how close to it can I build? Remember, a fence or other boundary feature does not necessarily indicate the legal boundary with any degree of accuracy.

When applying to the local authority for planning permission, it’s your responsibility to show the correct boundary on your plans. But, of course, the same also applies to any plans submitted by your neighbour. In reality, the planning officer will not be overly concerned with boundary ownership issues. So, while you are right to alert them if you believe the boundary is shown incorrectly on a neighbour’s plans, they will regard any dispute as a private matter. Certainly, do not expect them to arbitrate.

Building within 1m of boundary

The common misconception is that you cannot build within one metre of a boundary. Whilst this is incorrect, if your proposed project involves building on or near the boundary line, the Party Wall Act 1996 sets out detailed provisions on:

• what is allowed;
• how and when to serve notice of the intended works; and
• what happens in the event of a dispute.

The Act’s main purpose is to prevent building work that might compromise the structural integrity of any shared wall (a party wall) or adjoining property. There are three scenarios:

• Serve a Party Structure Notice where the proposed alterations directly affect the structure of the party wall. Examples would include cutting holes to insert beams and padstones, cutting in flashings and removing chimney breasts.
• Serve a Notice of Adjacent Excavation where you propose either: i) excavating within 3 metres of your neighbour’s building and to a depth lower than the bottom of their foundations, or ii) excavating within 6 metres of your neighbour’s building if your works will cut a line drawn downwards at 45° from the bottom of your neighbour’s foundations.
• Serve a Line of Junction Notice where you propose constructing a new wall adjacent to or astride a boundary.

Neighbours fence encroaching on my property

See: Adverse Possession

Neighbours fence falling into my garden

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 fence where there was not one before, discuss the details with your neighbour. Agree and mark out its position, including the position 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.

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How tall can a fence be UK?

In terms of the legal fence height between neighbours, there are three scenarios:

• If the fence abuts a highway used by vehicles (or the footpath of such a highway if there is one), it cannot exceed one metre in height from ground level.
• In all other situations, a fence cannot exceed two metres in height from ground level.
• If an existing fence already exceeds that height, the height must not be increased.

Trellis on top of fence

The maximum height of a garden fence with trellis on top will depend on your local authority and you should check with them. In most cases, it must still not exceed two metres, although some local authorities will accept it a little higher if they class it as a temporary structure. In those cases, however, the temporary structure can only stand for a stated maximum period each year.

Can I paint my neighbour’s fence?

You must not paint, repair or otherwise interfere with your neighbour’s fence without their permission. To do so is criminal damage.