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What is the legal height of a fence?

What is the legal height for a fence?

Do I need planning permission for a garden fence? How high can a fence be? We examine the current regulations for you.

This is quite an ambiguous question and, as fencing is covered by planning permission rules, perhaps a more pertinent question should be ‘what is the legal height for a fence with and without planning permission?’ When we address this question, the answer becomes clearer.

Planning permission is granted by local authorities for building work to be carried out, and applications for planning permission must be made to your individual local authority. There is no need to obtain planning permission to put up a new fence however, or to alter or take down an existing fence, if the following conditions are satisfied:

Planning permission is needed for any fence taller than 1 metre that will be next to or will share a boundary with a road or footpath. Where the fence does not border a road, for example in your back garden, the maximum height allowed without planning permission is 2 metres.

When considering a new fence, remember that references to maximum height regulations always include trellis. This means that where your fence has to be two metres, the addition of trellis must not make the fencer any taller. If adding trellis would make your fence taller than 2 metres, you will need to apply for planning permission.

While that is all very straightforward, there are certain situations where you will need planning permission whatever height fence you want to erect, in particular where listed buildings and conservation areas are concerned.

With listed buildings and fences, if any part of the property is either listed (i.e. entered onto the National Heritage List for England), is on land surrounding a listed building (the curtilage), or borders a listed building or its’ curtilage, planning permission will be required for any fencing work. Similarly in conservation areas, you will generally need planning permission. Interestingly though, planning permission may also be required within a conservation area, to demolish a fence of two metres or more (one metre where it borders a road or footpath). These regulations can seem like a minefield so if you live in a listed property or within a conservation area, always contact your local authority planning department before undertaking any work.

Historically, fencing has been a common cause of disputes between neighbours, and new fences are often brought to the attention of local authorities by unhappy neighbours. Where planning permission is required, your neighbours have the right to object so involving them where they may be affected by a new fence, in an informal chat before work begins, could go a long way.

But what could happen if you simply go ahead with erecting a new fence without permission? Non-compliance with local authority planning regulations means that an enforcement notice could be issued which would force you to take down the fence. If you have gone ahead with putting a fence up that does not comply, the council have up to four years from the date of the fence going up to issue the notice, so not hearing straightaway does not mean that you won’t. If you are in any doubt whether you need planning permission, your local authority will be pleased to help and advise. You can find out which local authority area you come under here.

Once you have acquired any permissions necessary and are ready to choose your fencing, you will find everything you need on our website. At Witham Timber, we have over 40 years’ experience in the supply of fencing materials to both domestic and commercial customers, so if you are looking for new fencing, whether that is timber, concrete or eco fencing and need any advice, our expert staff is on hand to help. We supply all materials needed to erect your new fence, from posts and picket pales to trellis and finials, and during these challenging times, we are open for collections as usual; pre-booking is not necessary. Currently our lead times are approximately one week, and for all enquiries, we can be contacted by telephone or email.

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