Permits and Neighbour Boundaries in Fence Building: What to Know Before You Start

A fence project usually begins with choosing the model, colour and height. But where and under what conditions the fence will be installed is at least as important as these choices. A mistake in determining the boundary, a dispute with a neighbour or ignoring local rules may require the fence to be moved after it has been installed. In this article we cover, as a general roadmap, the points to consider before a project regarding permits for fence building and neighbour boundaries.

Important note: This article is for general information only and is not a substitute for legal advice. Rules on zoning, ownership and condominium ownership can vary by region, the status of the plot and the type of building. For your specific situation, we recommend consulting your municipality, the relevant public authorities or a legal adviser.

Why Should You Research in Advance?

A fence is a structure fixed to the place where it is installed and expected to stay there for years. A boundary or rules problem that comes to light after installation can lead to the following:

• The fence may need to be removed and reinstalled on a different line.
• A lengthy dispute with a neighbour may arise.
• Problems may arise with the residential complex management or the local authority.
• Extra cost and loss of time may result.

For this reason, gathering the necessary information before the project with a few simple steps is the soundest approach in terms of both time and cost.

Step 1: Determine Your Boundary Correctly

Before deciding where the fence will run, you should make sure you know the boundaries of your plot correctly.

Title deed and cadastral information

Your plot's title deed record and cadastral information are the official basis of your boundaries. The dimensions and corner points of your parcel are given in these documents. If you are not sure of your boundaries, you can obtain this information from the relevant authorities.

Boundary markers on the land

Some plots have boundary stones or markers. However, remember that these markers may have shifted over time. Existing old fences, walls or rows of trees may not always show the official boundary either.

Professional survey

If you are not sure of your boundaries or there is uncertainty on a shared boundary, having a boundary survey carried out by an authorized land surveying service is the most reliable way to prevent disputes later.

Step 2: Decide the Fence's Position Relative to the Boundary

Once you have determined your boundary, you need to decide where on that boundary the fence will be installed.

Inside your own plot

Installing the fence entirely within your own plot, slightly inside the boundary, reduces uncertainty about the boundary. In this case the fence is entirely on your property and its maintenance is your responsibility.

Exactly on the boundary

Installing the fence exactly on the boundary line means using some of the land of both sides. In this case it is important to reach an agreement with your neighbour in advance and to agree on the cost and maintenance of the fence.

Post and foundation overhang

Even if the fence is within your boundary, post foundations or the gate's opening area may extend beyond the boundary. Outward-opening swing gates and the travel area of sliding gates in particular should be assessed from this point of view. We covered the differences between gate types in our article sliding or swing garden gate.

Step 3: Research Local Rules

Rules on garden walls and fences can vary according to the zoning regulations of your area and the practices of the local authority.

Municipality

In some areas there may be rules on matters such as the height and material of garden walls and fences and the setback distance from the street frontage. There may also be different regulations at points that can affect traffic visibility, such as junction corners. Consulting the relevant department of your municipality before starting your project lets you find out whether the fence you plan complies with these rules.

Protected areas

If your plot is in an area with a heritage site, coastal zone, forest boundary or other special status, additional rules and permit processes may apply to fence building. In such areas it is especially important to obtain information from the relevant authorities.

Roads and public areas

The fence must not extend onto a road, pavement or public area. For fences on the street frontage, it is important to know the parcel boundary and the pavement line correctly.

Step 4: Check Residential Complex and Apartment Rules

If you live in a residential complex or apartment building, fence building is usually subject to the rules in the management plan.

Common area or allocated area?

Gardens in front of ground-floor flats can often be common areas or may be allocated to the use of certain flats. To build a fence in these areas, the management plan and the decisions of the owners' assembly need to be checked.

Visual consistency

Many residential complexes set rules on fence model, colour and height to preserve the consistency of the façade and garden appearance. Following these rules protects both neighbourly relations and the overall appearance of the complex. For detailed information on perimeter fences for complexes, see our guide perimeter fences for residential complexes and apartments.

Step 5: Talk to Your Neighbour

A fence on a shared boundary also directly affects your neighbour. An open conversation in advance is the most effective way to maintain good neighbourly relations.

What should you discuss?

• Exactly where the fence will run
• The type, height and colour of the fence
• If a privacy fence is planned, its effect on the light reaching the neighbour's garden
• Whether the cost of the fence will be shared
• Responsibility for maintenance and repair
• The need for temporary access to the neighbour's land during installation

Care with privacy fences

A tall fence that blocks the view can leave your neighbour's garden in shade or block their view. With such fences it is especially important to get your neighbour's opinion. To compare privacy solutions, see our article on privacy fences.

Which side of the fence will face whom?

In some fence systems the front and back of the fence look different. For example, in louvre fences the direction of the slat pattern, and in panel fences the side on which the fixings remain, affect the appearance. On shared boundaries it can be useful to discuss this too. You can find details on louvre direction in our railing installation guide.

Step 6: Document the Agreement

If you have reached an agreement with your neighbour about a fence on a shared boundary, putting it in writing prevents misunderstandings later. A simple written agreement can state the position, type and height of the fence, the cost sharing and the maintenance responsibility. It is recommended that you get the opinion of a legal adviser on the legal status of such a document.

Documenting with photos

Taking photos of the boundary line and the existing situation before installation, and documenting the final state of the fence after installation, is a useful habit.

Step 7: Check Utility Lines

Excavation for fence posts must not damage underground water, natural gas, electricity and communication lines. It is especially important to find out the location of these lines in sections close to the street frontage. Where necessary, information can be obtained from the relevant utility providers. For points to consider during measurement and preparation, see our guide how to measure for a fence.

Special Cases

Jointly owned land

On land with more than one shareholder, fence building can also affect the rights of the other shareholders. On such land, it is recommended that agreement is reached among the shareholders and that an expert is consulted on the legal situation before building a fence.

Agricultural land

When building fences on agricultural land, boundary determination, agreement with neighbouring plots and any regional rules are important. On large plots, because of the length of the boundary line, having the boundary survey carried out professionally prevents disputes later. For choosing a fence for agricultural land, see our guide fences for fields, vineyards and orchards.

Commercial and industrial parcels

On parcels in industrial zones, fence work may be subject to rules set by organized industrial zone management or the relevant authorities. For this reason it is important to research these rules before the project. You can find the planning steps for industrial facilities in our guide factory perimeter security fences.

Replacing an existing old fence

If you are replacing an old fence that has stood for many years, it is useful to check whether the old fence's position matches the official boundary. Even if the old fence's position has come to be accepted over time, verifying the boundary for the new fence removes uncertainties that could arise later.

Points to Consider During Installation

• Planning working hours so as not to disturb neighbours
• Getting permission in advance if temporary access to the neighbour's land is needed
• Making sure excavation and materials do not spill onto the neighbour's land or the road
• Leaving the surroundings clean after installation

Information to Share with Your Company

When talking to the fence company, sharing the information you have gathered about the boundary and rules helps the site survey and installation process run smoothly:

1. If a boundary survey was carried out, the results and the marked corner points
2. The position of the fence relative to the boundary (inside or on the boundary)
3. The rules you have learned from the municipality or residential complex management
4. The agreement reached with your neighbour
5. Known utility lines

For questions about model, colour and height, see our guides garden fence models and how to determine fence height.

Frequently Asked Questions

Do I need a permit to build a fence in my garden?

This depends on the zoning regulations of your area, your municipality's practices, the status of your plot and, if there is one, the residential complex management plan. In some cases nothing needs to be done, while in some areas there may be rules on height, material or position. We recommend consulting your municipality and, if applicable, your complex management before starting the project.

Can I build a fence on my neighbour's boundary?

Installing the fence inside your own plot reduces uncertainty about the boundary. If you are planning a fence exactly on the boundary, it is important to reach an agreement with your neighbour in advance because the land of both sides will be used. If you are not sure of your boundary, we recommend having a boundary survey carried out by an authorized land surveying service. On legal matters it is helpful to get the opinion of a legal adviser.

Who pays for a fence on a shared boundary?

This can vary depending on the agreement between neighbours and the relevant legislation. In practice it is usually determined by an agreement between the parties. Agreeing in advance on cost sharing, maintenance responsibility and the type of fence, and putting this in writing, prevents disputes later.

Can I build my own fence in the complex garden?

In residential complexes and apartment buildings, gardens are often common areas or are allocated to the use of certain flats. To build a fence in these areas, the rules in the management plan and the decisions of the owners' assembly need to be checked. There may also be model and colour rules concerning the visual consistency of the complex. We recommend not building a fence without consulting your management.

Does the fence company help with permit processes?

The fence company can provide information on technical matters, such as the type and height of the fence and installation details. However, official processes relating to boundary surveys, zoning and ownership are carried out by the relevant authorities and authorized professionals. If you share the information you have gathered with us during the site survey, we plan the installation in line with it.

In short, a few hours of research and a short conversation with your neighbour can prevent a dispute that could last for years.

A successful fence project is a fence installed in the right place and under the right conditions. Determining the neighbour boundary correctly, researching local rules, communicating openly with your neighbour and documenting the agreement let you use your fence without problems for years. When you have completed your preparations, you can contact us to plan your project together.