Fences between neigbours can be a surprisingly sensitive subject and you don’t think much about them until you need to repair, replace or rethink them in some way. Whether it’s a tired panel that’s seen better days or a boundary that suddenly feels too exposed, updating your fence can quickly become a bigger conversation than you’d expect.
If you’re starting to explore garden fence ideas or looking into garden screening to create a more secluded space, it’s important to balance design with practicality and also have a good understanding of the right to privacy in your garden.
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1. Which side of the fence is mine?
Working out who owns which fence isn’t always straightforward, but it’s a pretty important consideration before you make any changes at all.
‘People often assume the fence they’re responsible for is always on the left-hand side of their property as seen from the street, but this isn’t necessarily true,’ explains Kara Gammell, Home Insurance Expert at MoneySuperMarket.
‘While you can often make an educated guess by looking at fence posts or the ‘good’ side, there’s no law dictating ownership. Responsibility is determined by your title deeds or title plan, which you can access through the Land Registry for a small fee.’
Martin Edwards, Director at HCB Widdows Mason who specialises in residential property law, says that you should ‘view your property deeds to determine if there is a plan which has an inward ‘T’ marking on the boundary line to the property and then review the title deed which contains that plan as it could mean you are solely responsible or jointly responsible with a neighbouring property.’
However, if you’ve checked your deeds and title plan and still can’t establish ownership, Kara advises trying to work out an arrangement with your neighbour by making a boundary agreement.
2. How high can a fence be?
Fence height is quite a common cause of confusion… and complaints. So how high can a fence be?
According to garden and home maintenance expert Emily Green at building supplier Howarth Timber, ‘In England, a fence next to a road or footpath usually cannot be higher than 1 metre without planning permission, the typical limit in other spots is 2 metres.’
Simply put, if a fence is situated in a back garden, it can measure up to two metres, and if the fence is next to a road or at the front of your property, it can’t go over one metre.
Anything higher would typically require planning permission. It’s also worth remembering that height is measured from ground level, which can be a tricky one to get right if your garden is on a slope.
Chris Lawson, owner of Online Drawing UK, adds that, ‘Trellis and similar additions count towards the overall height, so a 1.8 metre fence with 0.3 metre trellis on top is treated as 2.1 metres for planning purposes. Separate rules apply in Scotland, Wales and Northern Ireland, so local guidance matters outside England.’
3. Can I paint or hang things on my neighbour’s fence?
This might be one of the biggest bones of contention between neighbours. If you’re not sure if you can paint your side of a neighbour’s fence or hang anything from it, such as adding a trellis or even building a pergola, our experts have the lowdown.
‘You cannot legally paint or hang anything on your side of a neighbour’s fence without their permission, even if it faces your garden,’ explains Kara. ‘Painting someone else’s fence is considered property damage or trespass and could result in legal action or a requirement to restore the fence.’
‘Without the owner’s permission, you risk a civil claim for trespass, and if the painting causes damage or materially alters the fence, it can also raise issues under criminal damage law,’ adds Chris.
However, Kara says that ‘if your title plan shows you own the fence outright, you may paint, repair, or replace it as you wish.’
The best thing to do is to speak to your neighbours and ask for permission. Chris advises that ‘if you want a different colour on your side, the safest approach is to ask for written consent.’
All is not lost if they say no, though. You could consider installing your own fence or screening in a style you like, like these below (I recently installed this contemporary fence panel in our garden, £97 at B&Q, to hide an ugly fence in our garden) just inside your boundary, suggests Chris, ‘ensuring it still complies with any planning limits, especially the one metre rule next to a highway.’ Then you can go to town making it the way you want it.
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4. What to do if your neighbour won’t repair their fence
It can be really frustrating if a fence you and your neighbour share needs fixing, but your neighbour isn’t taking any action. Unfortunately, according to our experts, there’s no legal obligation for a neighbour to repair or replace a fence.
‘Responsibility for maintaining a garden fence depends on your title deeds and legal documents. The owner pays for repairs caused by wear and tear or bad weather,’ explains Kara.
Chris adds that ‘there’s no planning rule that forces a neighbour to contribute to the cost of a new fence or a replacement fence. In practice, people often share costs to keep things amicable, but it is a choice rather than a default legal duty.’
However, Kara adds that ‘if the damage is caused by your neighbour’s actions, there’s no legal obligation for a neighbour to repair or replace a fence, but if the damage is severe enough or intentional, you can pursue compensation through small claims court.’
So, does your neighbour have to pay for half of a fence? ‘Cost sharing only becomes an obligation if there is a covenant or other binding agreement that requires it, or if you both agree in writing to split costs.’
FAQs
What is the new fence law in the UK?
Martin Edwards, Director at HCB Widdows Mason, explains that ‘the new regulations state that garden fences cannot be in excess of two metres in height without planning permission.’
And the one metre boundary rule refers to how high you can build a fence, wall or gate next to a highway without needing planning permission.
‘If your fence borders a public road or footpath, it cannot legally exceed a height of one metre without planning permission, while in back gardens, fences can be up to two metres high without permission,’ explains Kara Gammell, home insurance expert at MoneySupermarket.
The rule mainly exists to keep sightlines clear for drivers, cyclists and pedestrians on busy streets, junctions and driveways.
‘Installing anything taller without consulting your local authority may lead to an enforcement notice. This is a legal order requiring you to modify, reduce, or remove the fence so that it complies with planning rules,’ adds Kara.
So there you have it. Fences are a key part of your garden’s privacy and structure, but when they sit between neighbours, they come with shared considerations.
Understanding what you can and can’t do will help you avoid any unnecessary stress or friction with your neighbours. Having a quick chat, doing a bit of planning and knowing your rights can make all the difference, so you don’t end up facing a legal headache.
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