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Garden Fencing & The Law – What You Need To Know

When it comes to your garden, the humble fence can serve various essential purposes. It offers privacy, security, and adds an aesthetic touch to your outdoor space. However, before you put up that new garden fence, there are some important legal considerations you should be aware of, especially if you reside in the UK. In this article, we’ll delve into the key aspects of garden fence law, ensuring you’re well-informed about your rights and responsibilities as a homeowner.

Fence Height Regulations

One of the primary concerns when erecting a garden fence is its height. In the UK, there are specific regulations in place regarding fence height, which vary depending on where the fence is located on your property.

It’s important to note that if you wish to install a fence in your back garden that exceeds the two-metre height limit, or if you plan to add a trellis to an existing fence that would push the height above two metres, you must obtain planning permission from your local authority. The rules for the front garden are generally more relaxed, but if your property is located near a highway, planning permission will still be required.

While it’s not legally required, it’s considerate to consult with your neighbours if your new fence will impact their garden, as a good relationship with your neighbours can make for a more harmonious living environment.

Determining Fence Ownership

Another common misconception is the belief that the fence to the right of your property is automatically your responsibility. However, this is not the case, as fence ownership can vary from property to property. The most reliable way to determine which side of the fence you are responsible for is to check your house deeds, land registry, or seller’s property information. It’s always better to verify this information to avoid any potential disputes.

Shared Fences and Neighbourly Relations

If you plan to make changes to a shared fence, it’s courteous to inform your neighbours in advance. While most people won’t mind small alterations, open communication can help maintain a positive neighbourly relationship. Similarly, be open to any changes your neighbours may wish to make. A cooperative attitude can foster goodwill and cooperation between neighbours.

Neighbour Erecting a Fence

If your neighbour intends to put up a fence within their property boundary, they are within their rights to do so without seeking your permission. However, if the fence is on the shared boundary between your properties, your neighbour should consult with you, and the cost of the fence should typically be shared.

Painting a Shared Fence

When it comes to painting a fence that sits on the shared boundary, it’s advisable to seek your neighbour’s permission. While most neighbours may not object, it’s a courteous gesture to ensure there are no disagreements.

Leaning Fences

What should you do if your neighbour’s fence is leaning into your garden, causing concern or inconvenience? Legally, you cannot repair their fence without their permission. Instead, consider a diplomatic approach. Your neighbour may not even be aware of the issue, or they might have valid reasons for not addressing it promptly.

Offer to assist in fixing the fence or share the costs of repair as a goodwill gesture. Emphasise that the fence is not your responsibility, but you’re willing to help resolve the problem amicably.

If your neighbour refuses to address the issue, you can explore options like planting tall shrubs or installing plants to prop up the leaning portion, which can help conceal the problem.

Conclusion

In conclusion, when it comes to garden fencing and the law in the UK, knowledge is key to a harmonious and compliant outdoor space. At Clacton Landscapes & Fencing Supplies, we understand the importance of adhering to these regulations while enhancing the beauty and functionality of your garden. With our extensive range of garden supplies, including top-quality fencing and fencing hardware, we’re here to help you create the garden of your dreams while staying within the bounds of the law. Explore our range today and make your garden a true masterpiece.

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