A garden fence rule could see homeowners in England slapped with a £2,500 fine this summer, a lawyer has warned. The warning comes after a homeowner sought advice on whether they could paint the fence they share with their neighbour.
Painting a Neighbour's Fence Without Permission
Lawyer Dean Dunham explained that the person’s neighbour was well within their legal right to refuse painting. Writing for the Daily Mail’s This is Money, Dunham said: “If your neighbour erected the fence, on his land, then it is his fence and therefore his property, in the full legal sense. Doing so without his permission would technically amount to trespass and criminal damage, however harmless a lick of paint might seem. So his refusal, frustrating as it is, is within his rights.”
Alternative Solutions for Homeowners
Dunham noted that it may be more beneficial to erect your own “fence, trellis or screening on your own land, immediately in front of his, provided it sits wholly within your boundary and doesn’t lean on his structure.”
Legal Height Limits for Fences
Dave Sayce, co-founder and managing director of Compare My Move, clarified the legal height of a fence in the UK. “For gardens that are not at the front of the house, you’re allowed to have a fence up to 6.6 feet tall. This includes any decorative elements or additions on top of the fence. However, if the fence is in your front garden or borders a public road, the maximum legal height is reduced to 3.3 feet. There may also be additional restrictions if your property is a listed building or located in a conservation area.”
Consequences of Non-Compliance
“If your fence is found to be too high, the consequences can be pricey, although if initial advisories are followed, you should be able to avoid this. You may be ordered to reduce your fence's height or remove it entirely,” said Luke Dejahang, Director at Crown Pavilions. “If you are non-compliant in reducing your fence height, you could be fined £2,500 under the Town and Country Planning (General Permitted Development) Order 2015.” If non-compliance continues, homeowners could face a £20,000 fine from the magistrates.
Hedges Have No Height Limit
For those seeking privacy, hedges offer an alternative. “There is no official height limit for hedges, regardless of where they are on your property. However, local councils do have the authority to intervene if they consider a hedge to be excessively high, and they may issue a notice requiring it to be trimmed,” said Dave Sayce.
