Installing a fence in your garden might seem like a simple task, but it could quickly spark a dispute with your neighbour — and even lead to legal trouble if done incorrectly.
Before you start digging holes and setting up posts, it’s important to understand the rules around boundaries and planning permission. Putting up a fence without following the proper guidelines could lead to claims of trespass or nuisance from neighbours.
According to experts at Maintenance Free Garden, building a boundary fence without the agreement of your neighbour can result in serious disagreements. “Erecting a fence without the consent of those sharing the boundary could result in claims of trespass or nuisance,” the site explains. In such cases, it’s best to seek legal advice to understand your rights and avoid escalating tensions.
In the UK, boundary-related issues are governed by laws like the Party Wall Act, the Trespass Act, and the Boundary Act. These laws help define what property owners can and can’t do when it comes to shared walls or boundary lines.
Maintenance Free Garden adds: “In the UK, boundary features are regulated by laws such as the Party Wall Act, which sets out the rights and responsibilities of property owners concerning shared walls and boundaries.” Being aware of these rules is crucial if you want to avoid unnecessary legal battles and maintain a peaceful relationship with your neighbours.
Do You Need Planning Permission?
Whether or not you need planning permission depends on several factors, including the height of the fence and its position. If a fence is too tall, placed directly on a boundary line, or affects a neighbour’s light or view, you might need official approval before proceeding.
Property deeds usually indicate who owns which part of a boundary. These documents outline where your land ends and your neighbour’s begins. Respecting these limits is essential to avoid legal trouble.
Some structures like low garden walls, hedges, or railings might not require permission — but this isn’t guaranteed. Their legality depends on local regulations and whether they follow height and design standards common to the area.
Maintenance Free Garden points out that these types of fences are usually allowed because they stay within height restrictions and match the general look of the neighbourhood. However, it’s still important to make sure they don’t cross into a neighbour’s property or lead to disputes.
Final Advice
Before building a garden fence, check your property’s deeds, review local laws, and, if possible, talk to your neighbour. Taking these steps early on can help you avoid misunderstandings, save money on legal costs, and keep your neighbourhood friendly.
