Garden fence mistakes which risk fines of up to £20,000

Daily Mirror

3 days ago

Brits thinking of sprucing up their garden fences this summer have been warned that they could end up in hot water if they don't follow the UK's strict rules on them. If you fall foul, you could find yourself handed a hefty fine or even end up in court
Now the sun is shining, you may want to head out into the garden and spruce it up a bit before the summer, maybe put up a new garden fence?
However, Brits thinking of doing this have been warned that they could end up in hot water if they don't follow the UK's strict rules on them. If you fall foul, you could find yourself handed a hefty fine or even end up in court.
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New rules came into force in May 2025 under "The Town and Country Planning (General Permitted Development) (England) Order 2015". The updates simplify the rules around replacing a boundary, a hedge, or installing a new fence. They also clearly outline what homeowners can build without needing full planning permission from their local council.
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Gurpreet Chhokar, Which? Legal Expert, said: "If you're thinking of putting up a new garden fence this summer, there are a few important things to bear in mind to make sure you don't break any laws and find yourself landed with a fine."
If you are thinking of taking a look at your existing fencing - or are considering putting one up - you will need to be aware of the new laws. Here's what you need to know.
Back garden fence
For a simple back garden fence, you're allowed a fence up to two metres high, which is around six feet and six inches high, without planning permission. This is intended to provide a balance between privacy and access to light. Any higher - this includes any decorative trellis - then you will need to get approval. This is now the standard maximum height for households.
In simple terms, planning permission is asking your local council if you can do a certain piece of building work. It will either be granted - possibly subject to certain conditions - or refused. Gurpreet Chhokar from Which? said: "If you don't have planning permission then your fence can't be any higher than two metres from the ground."
If you erect a fence above this level, then you could be forced to tear it down. You could also face enforcement action.
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Disputes with neighbours are one of the most common property complaints in the UK. Often the complaint stems from boundary issues - more specifically, on where the boundary of your property actually is. According to Wade Building Supplies, between six and eleven million disputes have been recorded in the UK to date.
Before building anything in your garden, you should measure up carefully, discuss things with your neighbour, and come to an agreement. To make it more secure, you should get this agreement in writing. It is always better to take pictures too
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Front garden fence
The rules for fences in a front garden are stricter. If you live next to a footpath, road, bridleway, waterway, or public space, fences cannot be above one meter - just over three feet tall. The new law is intended to provide better visibility for pavement and road users. Again, breaking this rule can lead to enforcement action or a fine.
Gurpreet added: "There will also be some cases where planning permission will be needed if the fence is more than a meter high - such as if it borders a highway or the footpath of a highway if you're not sure, then it's worth getting in touch with your local planning authority (which is usually your local council) to check."
Fines implemented by councils do vary. However, if your fencing causes a " statutory nuisance" such as flooding or blocked drains, you could face penalties of up to £5,000. Businesses can face fines up to £20,000 under environmental regulations. These cases can go to court if you do not comply.
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Replacing a fence
Under UK rules, the fence to the left hand side of your garden - as seen from the street - is your responsibility. This means wif it needs replacing, then it is down to you and not your neighbour.
If you are unsure, Wade Building Supplies explained: "Another clue can be seen in the method of construction of the fences that bound your property. If the rougher side, or rail side-in the case of featheredge panels, is facing into your garden, that's your boundary to maintain."
However, to be absolutely certain, you will need to refer to the title documents or deeds. If you see a boundary line with the letter "T" next to it, that's your fence line to fix. If you see "H" it is a little more complicated as this means the boundary is a "party wall". This means the responsibility of both neighbours.
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If you are still unsure, experts advise you to talk to your neighbour and draw up an official boundary agreement between both parties. You can then have this agreement formally recorded through HM Land Registry for £40. The boundary agreement must include all parties' names, addresses, and a clear description of the agreed boundary. A map can also be included.
When doing any DIY work with fencing, it's always important to give your neighbours plenty of notice. There may be plants trained along the fence, or decorative features they may want to remove or keep.
You can find more information on privacy fence boundaries on the Gov.uk webpage.