New Laws on Fencing Between Neighbours UK – Buon Construction

Fencing disputes have a long history of legal battles and issues of relation between neighbours in the UK. Numerous issues were noticed before the proper laws were introduced, and complaints were filed against the neighbours.

Encroachment, unclear boundaries, and fence disputes over height and materials caused tension and even court cases. Homeowners had no clear guidance on where to put a fence, how high, or who was responsible for shared boundaries.

But there are questions most people ask: like if i can add that extra metre to your fence? Can I put a screening on my neighbour’s fence? What type of fencing is legal? Who’s responsible if a shared boundary needs repairs? 

Need help with a new fence or fixing an old one? Our Fencing Contractors Nottingham make it easy to get the job done right. If you’re not sure about the rules, this guide will help you understand the new laws on fencing between neighbours in the UK.

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New Laws on Fencing Between Neighbours

New laws have been updated with The Town and Country Planning (General Permitted Development) Order 2015 and 2025 and the Boundary Disputes Protocol. That helped to make the laws strict for the boundaries on fence height, boundary placement, and neighbour consent. The purpose of these laws is to specify ownership rights, avoid privacy problems, and encourage neighbourly relations. Boundary fence rules ensure clarity on who is responsible for constructing, maintaining and repairing.

Check out how high can a garden fence be uk in this detailed and simple guide.

What is Planning Permission in the UK?

Planning Permission is a formal permission you will require before carrying out fencing changes when you have to raise the height more than 2 metres. The standard fence height according to the maximum height of fence uk is 2 metres.

This authority works under the law of Town and Country Planning 1990 and oversees all the regulations regarding any changes made to the construction sites, your home, fencing, and new construction, whether you are following them in accordance with the law.

Check out the critical regulations that were formulated by governments for planning and construction.

Town and Country Planning (General Permitted Development) Order 2015

Boundary fence height rules UK order contains rules about fences, gates and walls, including height restrictions. Fences up to 2m high do not require planning permission, except where the fence is next to a public highway (the height limit for a wall on a public road is 1m). 

This order was Introduced in 2015 and is now an important part of planning regulations. The UK Government’s Department for Communities and Local Government (DCLG) issued the regulations.

The Party Wall Act 1996

It was introduced in 1996. The UK Parliament passed the Act, Council Fencing Laws England enforced it. This Act governs shared boundaries between neighbouring properties. If your neighbour wishes to change a party wall or shared boundary fence, he must first be notified before work begins. 

The Highways Act 1980

The UK Government introduced the Act to regulate the fencing and infrastructure near public roads. It was introduced in 1980. It forbids certain types of fencing near public highways and also prevents the use of dangerous material, such as barbed wire. It also dictates the placement of fences to keep the public safe and visible. 

Boundary Disputes Protocol

The Boundary Disputes Protocol was introduced by the Ministry of Justice in 2009. It is also a protocol to resolve boundary disputes between neighbours. It promotes peaceful resolution through things like consulting with the Land Registry for boundary info before taking any legal action or mediation. 

The Laws for Fencing Between Neighbours in the UK 2025:

• The UK’s Garden Fence Law outlines that your garden fences can’t be more than 2 metres high, and Front Garden Boundary Fence Law UK states that driveway fences can’t be more than 1 metre high.  
• If you are responsible for building or maintaining a fence, check fence responsibility uk law and deeds. If the deeds show the fence is a party fence, both neighbours are responsible. 
• Look at your property deeds for boundary agreements, where previous owners agree on where the boundaries are. 
• Restrictive covenants in your property deeds may limit the height, materials or colour of your fence.  
• On HM Land Registry plans, T-marks indicate who is responsible for the fence and who pays for its upkeep. 
• Paint, hang plants, or lean something against your neighbour’s fence, and you should ask them for permission first. 

Height Restrictions

• Front Gardens: Uk fence law outlines that fences can be as high as 1 metre (3.2 ft) high.
• Back Gardens: They can be as high as 2m (6.5 ft) high.

Exceptions

• There are certain exceptions to the above rules:
• Fencing may be more restricted on properties or buildings listed buildings or in areas such as national parks or conservation areas.
• If your property already has a fence that exceeds the height limit, you cannot increase its height.
• If your property is affected by previous planning permission, the rules will still apply.
• If you live in a protected area, always check with your local council before making any changes to your fence.

These laws were meant to be clear and prevent neighbour disputes while maintaining aesthetic and safety standards.

Neighbour’s Fence Encroaching on My Property

If your neighbour’s fence is across your land, UK law sees this as an illegal encroachment, and you can request that it be moved back. Under the Party Wall Act 1996, fences and boundaries on the shared land need to be agreed upon before changes to them. This Act was established to protect homeowners’ rights to property, so you can raise concerns with your neighbour or contact mediation if necessary. If they refuse, you may have to get local council authorities involved or take legal action to ensure property boundaries are respected.

Balcony and Garden Fencing Laws

The Building Regulations 2010 and The Town and Country Planning Act 1990 mean that adding a balcony or changing garden fences needs careful planning. Balconies are subject to planning permission because they can affect privacy and views from the street. The 2-metre rule applies to garden fencing, but there are different rules for balcony fencing, which are tighter on safety.

Fencing Allowed and Restricted by UK Law

According to UK law, there are different types of fencing, like wooden, chain link and metal, as long as they comply with local height and safety regulations. Fencing types that could be harmful to the public, such as barbed wire or sharp spikes, near public areas are prohibited by the Highways Act 1980. This Act prevents injury by keeping fencing in public spaces safe. If you’re installing materials that may be considered hazardous or unusual, check with your local council about specific guidelines.

Boundary Disputes with Neighbours: How do you resolve them?

In the UK, boundary disputes over fences are common and settled according to the Ministry of Justice’s Boundary Disputes Protocol. But this guidance advises neighbours to try to sort things out informally and refer to the Land Registry when needed. If that doesn’t work, mediation or legal action may be necessary.

Can I Replace an Existing Fence Without My Neighbour’s Permission?

You can replace a fence on your property in the UK without your neighbour’s permission as long as it is within your property boundary and does not go over the legal fence height uk limit. If the fence is a party fence, however, it’s advisable to talk it through with your neighbour first. A simple conversation can prevent any misunderstandings if not in doubt.

What’s the Limit to How Close You Can Build to My Neighbour’s Fence in the UK?

If you are building a new fence or structure, it must be within your boundaries and not overstep your neighbour’s property. You can even build near their property if you are the owner of that piece of land. In most cases, you can build a fence along the boundary line, but if it’s a party wall (that is shared), you should talk to your neighbour first. If the fence is more than 2 metres high or in a conservation area, planning rules also come into play.

Conclusion

Fencing is an important and necessary feature of every building structure where people live. You might already have fencing installed around your garden, house, or construction site. However, there are legal procedures and laws that should be taken into consideration before you start erecting a fence between neighbours. We have introduced you to these legal procedures and laws from 1996 to 2025, including recent updates in legislation.

It’s essential to be aware of these laws when starting new construction, extending existing property, or installing fencing.

If you are looking for a professional fencing installation expert in the UK, choose our expert services. Buon Construction is an incredible company that offers remarkable and quality services for construction and fencing installation for your home and garden. Contact our experts today and get your job done with excellent finishing!

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