The Law Pertaining To Garden Fences

Posted on: November 20, 2017

If you have ever contemplated installing a fence around your garden, it may be that you gave little thought to any relevant laws. Most people think it makes no sense to pass regulations in this realm, but the fact is that such rules do exist, and it is important to make yourself fully aware of them.

Many are under the incorrect assumption that a fence is allowed to be 2m high. This has resulted from incorrect information having been promulgated in a fairly widespread manner. The law actually states that fences can be upwards of 100m, though appropriate permission must first be obtained. The 2m limit is for fences that have not received prior approval.

At first glance, the law seems rather straightforward, though there is a bit of a wrinkle. Even if your fence is just 2m, permission is still required before trellis material can be affixed to it. To ensure your fencing lasts a long time please read here. If a plant alone exceeds 2m, that is fine, but if the support system for its growth is taller than that, permission is essential.

It is also critical to familiarize yourself with the law as it pertains to maintenance and repair of a fence that effectively serves two different properties. Sometimes the law produces strange outcomes in this area. One thing to consider is that if you are standing facing away from your house, the fence to your right is your responsibility. This seems nonsensical to many. The law also provides that if a fence post sits on your property, the fence is yours to maintain. This is not unlike what happens in cases of farms divided by ditches and hedges. A Ditch must be dug upon your own property, with the resulting soil to be deposited on your land. In the same way, a fence could be placed on your own plot instead of your neighbour’s.

You must also pay attention to the safety factor when building a fence. If you have Nottingham fencing that is to border a public passageway or path, your fence must be sufficiently safe for anyone who goes past it. Anything that poses an injury hazard must be eliminated. Barbed wire could jut out and poke someone, and thus it is forbidden. Whereas some believe broken glass affixed to the top of a fence is a good way to deter intruders, it is actually disallowed because it could harm someone attempting to climb it, even though they are trying to commit a crime.