Law and Rights of Garden Fencing
While considering putting up a new garden fence you might not have considered checking for any laws as it seems illogical to have laws regarding fencing. But there are laws about fencing and you must consider them.
There is a common misconception about the permitted height of fence to be 2m because of misguidance by certain sites. However with planning permission, you can request to go higher. No permission is required for a garden fence of 2 meters or less on your property, except where it adjoins a road or footpath. In this case the height is restricted to 1 metre.
If you do not live in an open plan/shared surface type of development. Always consult your local area planning office as there may be a condition attached to the planning permission for the estate which would override this guidance.
For the lastest information please see https://www.planningni.gov.uk/index/…/advice_home_fences.htm.
Although this law seems simple, there is a twist in it. You even need to have planning permission for putting trellis on 2 meters of fencing but if you are growing plants on the fence and that exceeds the limit of 2 meters then its OK. But if support is provided to the plant to grow up the fence then technically the fence becomes higher than 2 meters which is not allowed.
Another simple but complicated issue arose when you are living in a house with a garden having fencing on each side. The issue is that who owns the fence and who is responsible for its repairs. There are some absurd answers to these issues. One being is that if you stand in your back garden with your house on your back, the fence to the right is yours. This is complete nonsense and here law defines what seems logical. Law states that if fence posts on your land, you own the fence. This is similar to the case for ditch and hedge divided farms. A ditch must be dug on your land and a mound of soil should be thrown on your own land. Similarly, fencing could be put up on your own land not on your neighbour’s.
Safety is another thing to be considered while fencing. If your Nottingham fencing borders a footpath or public passage, then the fence should be no more than 1 meter and safe for the persons walking alongside the fence. Anything that could result in injury could lead to legal action. For example, barbed wire could come into contact with people walking alongside it and cause injury and you would be responsible. Some people think it a good idea to have smashed glass cemented on top of their fence to deter thieves but amazingly you shouldn’t do this because it could cause injury to someone and you would be responsible even if someone is trying to break into your house!
