Do I need my neighbour's permission to put up a fence?

So, if you’re putting a fence up in your garden, you might be wondering if you need to ask a neighbour for their permission.

While putting up a fence might seem pretty harmless to you, it can even cause legal issues if rules and regulations aren’t followed.

It's worth checking the relevant guidelines before installing a garden fence to avoid neighbour disputes (Image: Getty)

Can I put up a fence without my neighbour’s permission?

If you put up a boundary fence without the permission of your neighbour, you might find yourself in the middle of a dispute or even legal issues.

Maintenance Free Garden's website explains: “Erecting a fence without the consent of those sharing the boundary could result in claims of trespass or nuisance. In such cases, seeking legal advice is advisable to clarify rights and obligations, as well as to explore amicable solutions to prevent escalating disputes.”

It added: “In the UK, boundary features are regulated by laws such as the Party Wall Act, which sets out the rights and responsibilities of property owners concerning shared walls and boundaries. It’s essential for property owners to be aware of their obligations under these laws to prevent disputes with neighbours.

“Ownership issues related to boundaries are usually outlined in property deeds, which specify the exact limits of one’s property. Adhering to these legal boundaries is key to maintaining peaceful relationships with neighbouring properties and avoiding costly legal battles.”

What side of the fence am I responsible for in the UK?

Some actions that need permission in the UK include fences “over a certain height, on a boundary line, or that may obstruct light or views, necessitating considerations like building near boundaries, trellis installation, or fence painting.”

Recommended reading:

• How high can a garden fence between neighbours be in the UK?
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• Can a neighbour paint their side of my fence? The rule you need to know

However, it adds that some types of fences such as low garden walls, hedges and railings might be allowed without permission but it will depend on boundary rights and regulations.

Maintenance Free Garden says: “These types of fences are considered permissible as they do not typically exceed certain height restrictions and are in line with the general aesthetics of the neighbourhood. Regarding erecting such structures without consent, it is crucial to ensure that they do not infringe upon any legal boundaries or cause disputes with neighbouring properties.”

If you’d like to find out more about the rules around fences, you can take a look at the Party Wall Act, the Trespass Act or the Boundary Act. The government website can also help you understand the relevant laws and rules.