Do fences require planning permission?

Panel fencing

We often get asked about the rules and regulations concerning fence heights and while the answer isn’t totally black and white there is a general set of rules which applies to most installations. The planning laws regarding garden fences in the UK can vary depending on local regulations, but we’ll give you a general overview of the rules in England. You may need to check specific local council guidelines or planning authorities for more detailed advice.

Key Points about Garden Fences in the UK (England)

1. Height Restrictions

  • Front Gardens: Fences or walls in the front garden typically cannot exceed 1 meter (about 3 feet 3 inches) in height where the fence meets a public path or highway without planning permission. Front garden fences that are more than two metres away from a public highway usually have less restrictions but it is still worth consulting with your local planning department if you intend to install a fence above 1m in height.
  • Back Gardens: In the rear garden, fences or walls can generally be up to 2 meters (about 6 feet 6 inches) in height without needing planning permission.
  • Corner Plots: If your property is on a corner, the height restriction for fences in the front may still apply, even if the fence is on the side boundary, as it could affect visibility for drivers.

2. Planning Permission

You do not usually need planning permission to erect or replace a fence or wall in your garden as long as:

  • The height does not exceed the maximum limits outlined above.
  • The fence is not near a listed building or in a conservation area, where stricter rules might apply.
  • The fence does not obstruct visibility at the junction of a road or near a driveway.

However, if your proposed fence exceeds the height restrictions or is located in certain areas, you will need planning permission.

3. Listed Buildings or Conservation Areas

  • If your property is a listed building or lies within a conservation area, you may need planning permission to build or alter a fence, even if the height does not exceed the usual limits.
  • The council may also have stricter rules for fences in conservation areas to preserve the character of the area.

4. Rights to Light & Privacy

While planning law doesn’t usually govern privacy or light restrictions between properties, if a fence is deemed to create an unreasonable obstruction to light or causes a significant loss of privacy to neighbors, they may raise an issue with the council. This would be a civil matter of neighbourly relations rather than planning law.

5. Party Walls

If you’re building a fence on a boundary that divides your property from your neighbour’s (known as a party wall), you are legally required to notify your neighbour under the Party Wall Act 1996 if you intend to build a fence or wall that could impact the shared boundary.

6. Permitted Development Rights

Most fences fall under permitted development rights, meaning you can build a fence without needing planning permission, as long as you adhere to the size limits and other restrictions mentioned. If you wish to build higher fences, place fences on specific land (e.g., near a highway), or install electric fences, you will need planning permission.

7. Hedgerows and Trees

If your garden fence involves removing hedgerows or trees, there may be additional rules. For instance, some hedgerows are protected by law and require permission to remove or cut back.

Steps to Follow

  1. Check Your Property Type: Determine if your property is in a conservation area or if it’s a listed building, as this affects the rules.
  2. Consult Local Planning Authorities: Your local council will provide specific guidelines and advice regarding fences in your area, especially if you live in a conservation area or other sensitive zone.
  3. Notify Neighbours if Necessary: If the fence will be on or near a boundary line, or if the fence is more than 2 meters high, it’s good practice (and sometimes legally required) to inform your neighbors.

If you’re uncertain, it’s always wise to apply for pre-application advice from your local planning authority or hire a planning consultant to avoid any issues. We are more than happy to come and visit the site and give you advice if required.