How high can a boundary fence be without planning permission?

In England, under Permitted Development rights, a fence (or wall or gate) adjacent to a highway used by vehicles (including footpaths and cycleways) may not exceed 1 metre in height without planning permission. In all other positions (rear garden, side garden not adjacent to a road), fences may be up to 2 metres high without planning permission. These limits apply to the finished fence including any trellis or other topping. In conservation areas, Article 4 Directions may remove these Permitted Development rights and require planning permission for any fence.

Who is responsible for a boundary fence?

Responsibility for a boundary fence depends on what the title deeds and property plan say - there is no general rule that one side always owns the left or right fence. The deeds may show an inward-facing T-mark on the boundary line, indicating the property on that side is responsible for the fence. Where deeds are silent, responsibility must be agreed between neighbours or resolved through a solicitor. The key practical point is that a fence on your land is your responsibility to maintain; a shared boundary fence may be jointly owned. Your solicitor can check what the deeds say when purchasing a property.

How are fence posts set in the ground?

Timber fence posts are typically set in concrete to a depth of one third of the total post length - for a 1.8m panel fence, posts are 2.4m long (1.8m above ground, 600mm below). The hole is dug with a post-hole borer or spade to 100-150mm wider than the post, a layer of hardcore or gravel placed at the base for drainage, the post set plumb, and concrete packed around it and angled away from the post at the surface to shed water. Alternatively, metal post spikes or post bases can be driven into the ground, avoiding direct timber-soil contact and extending post life significantly.

What are the main types of garden fence?

Close-board (featherboard) fencing uses vertical overlapping feather-edge boards nailed to horizontal arris rails morticed into posts - it is strong, fully private, and can be built to any height. Lap panel fencing uses factory-made woven or lapped panels dropped into grooves in posts - it is quick and cheap but weaker and shorter-lived than close-board. Picket fencing uses vertical pales with gaps, providing a boundary marker rather than privacy. Post-and-rail fencing uses horizontal rails only, providing stock control without privacy. Acoustic fencing (dense close-board with mineral wool backing) is used where traffic noise reduction is needed.

External Works noun

Boundary Fence

/ ˈbaʊndri fɛns /

Also known as: garden fence, close-board fence, featherboard fence, lap panel fence, picket fence

Definition

A boundary fence is a fence erected at or near a property boundary to mark the limit of ownership, provide privacy or security, and contain or exclude people, animals, or vehicles. In domestic gardens, close-board (featherboard) and lap panel fences are the most common types. Rear garden fences up to 2m are Permitted Development (no planning permission required) in England; fences adjacent to a highway are limited to 1m without planning permission.

In practice

Close-board fencing is the most durable garden fence type: pressure-treated softwood arris rails (typically 75x75mm triangular section) are morticed into 100x100mm or 125x125mm posts, and 100mm feather-edge boards (wider at one edge than the other) are nailed to the rails with a 12-15mm overlap between boards. Posts are set in concrete to a depth of one third of their total length - a 1.8m high fence typically uses 2.4m posts with 600mm in the ground. Post caps protect the end grain and prolong post life significantly.

Lap panel fencing uses factory-made panels (typically 1800x1800mm or 1800x900mm) slid into channels in concrete or timber posts. While quicker and cheaper to install, lap panels are weaker, less weatherproof, and shorter-lived than close-board. In exposed positions, panels regularly blow out in high winds. Gravel boards (100-150mm wide boards along the bottom of the fence) protect the base of featherboard or panels from ground contact rot and allow the fence to be maintained without disturbing the ground-set posts.

Building Regulations

Adjacent to highwayMax 1m without planning permission

All other positionsMax 2m without planning permission (Permitted Development)

Conservation areasMay require planning permission for any fence - check with LPA

Post treatmentUse Class 4 treated timber for ground-contact posts

Fences do not normally require Building Regulations approval - they are not classified as buildings. However, planning permission is required for fences exceeding 1m adjacent to a highway or 2m elsewhere under the Town and Country Planning (General Permitted Development) Order 2015. In conservation areas, Article 4 Directions frequently remove Permitted Development rights for fences, requiring planning permission for any new or replacement fence. Always check the deeds to confirm who owns the boundary before erecting a fence, and consult a solicitor if ownership is disputed.

Full Building Regulations guidance

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Boundary Fence

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