Garden privacy fence mistake could land you a £20,000 fine – check the latest rules

Scottish Sun

5 days ago

Find out what easy mistakes could land you a hefty fine
FENCED IN Garden privacy fence mistake could land you a £20,000 fine – check the latest rules
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THINKING of putting up a new garden fence this summer?
You might want to check the rules first or you could land yourself a hefty fine and even end up in court.
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Its important to check the rules before putting up a privacy fence
UK boundary rules mean your humble garden fence could turn into a legal nightmare if you get it wrong.
Whether you're upgrading panels or building from scratch, the regulations are clear and local councils aren't afraid to crack down.
New rules which came in last week under the The Town and Country Planning (General Permitted Development) (England) Order 2015 outline what homeowners can build without needing full planning permission.
Here's what the law has to say about fences.
Back garden fence
For a back garden fence, you're allowed a fence up to two metres high (that's about six foot six) without needing planning permission.
Go any higher, even with a decorative trellis, and you'll need to get approval first.
Skip this step and you could be forced to tear it down, or even worse – face enforcement action.
Front fence
At the front of your property, things get stricter.
Fences can't go above one metre if you live next to a footpath, road or public space.
That's just over three feet tall.
It's designed to help visibility for drivers and pedestrians but plenty of homeowners are caught out.
Privacy Fences vs Trees: Smart Solutions for Your Garden
Breaching planning rules can lead to an enforcement notice and, in some cases, fines.
If your fence causes a statutory nuisance, such as flooding or blocked drains, you could face penalties of up to £5,000 or £20,000 for a business under environmental regulations.
Ignore it, and things can escalate to court.
Neighbour disputes are the most common property complaint in the UK and they often boil down to where the boundary actually is.
Before building, measure up carefully and chat things through with your neighbour.
Snapping a few photos and getting a handshake agreement could save you a legal headache down the line.
Replacing a fence
When it comes to replacing a fence, there's a rough rule: the left-hand side of your garden (as seen from the street) is usually your responsibility.
If the 'rough' side of the fence faces you, chances are it's yours to maintain.
But the only way to be certain is by checking your title deeds.
If there's a letter 'T' on the boundary line, it's down to you.
An 'H' means it's a shared fence, so both parties are responsible.
If things still aren't clear, you and your neighbour can draw up a boundary agreement to make it official.
It should include your names, addresses, and a clear description of the agreed boundary.
You can even sketch it on a map. To get it formally recorded, you'll need to apply to HM Land Registry and pay a £40 fee.
And don't assume the new national rules overrule everything.
If you live on an estate with open-plan front gardens or in a conservation area, your property might be subject to extra rules about fence types, colours, or height limits.
So be sure to ask permission before going ahead with any fence plans.
You can find more information on privacy fence boundaries on the Gov.uk webpage.
Meanwhile, experts from Which? revealed a useful guide to avoid disputes when decorating your fence.
Elsewhere, fence professionals have explained the rules you need to know to avoid falling into neighbourly disputes.