The height and location of the fence on our property, especially when it is adjacent to a neighboring plot, cannot be left to chance. Otherwise, you may have to report the construction of the fence to the office. What legal requirements must be met when building a house fence?
- The provisions regarding the construction of a fence can be found both in the Construction Law and in the Regulation on technical conditions (WT 2021) that buildings and their location should meet.
- The foundation and construction of a fence usually do not require reporting to the architectural and construction administration authority, but under one condition – its height cannot exceed 2.20 m. If our fence exceeds the height of 2.20 m, the legal situation changes completely.
- Importantly, it is also worth checking the Local Development Plan and local regulations that may regulate the height of the fence being built and its colors.
When building a higher fence, we are obliged to report this fact in accordance with Art. 30, section 1 point 3 of the Construction Law and at least 30 days before the commencement of any works.
The provisions regarding the construction of a fence can be found both in the Construction Law and in the Regulation on technical conditions (WT 2021) that buildings and their location should meet. Importantly, it is also worth checking the Local Development Plan and local regulations that may regulate the height of the fence being built and its colors.
By specifying the legal requirements for the construction of fences and the scope of materials for their installation, the legislator gave investors a lot of freedom.
When do you have to report the construction of a house fence to the office?
The foundation and construction of a fence usually do not require reporting to the architectural and construction administration authority, but under one condition – its height cannot exceed 2.20 m. If our fence exceeds the height of 2.20 m, the legal situation changes completely.
When building a higher fence, we are obliged to report this fact in accordance with Art. 30, section 1 point 3 of the Construction Law and at least 30 days before the commencement of any works.
Check the zoning plan as it may dictate the height of the fence
Moreover, before starting to build a fence, it is worth familiarizing yourself with the local development plan, which may, but does not have to, impose on the investor the color, form and height of the fence.
Before construction begins, it is also necessary to mark the boundaries of the plot that will be fenced. Especially if investors do not want to expose themselves to additional costs related to the need to partially or completely dismantle the fence.
First of all, the fence must not pose a threat to people and animals – emphasizes Mateusz Tiuchty, technical and commercial specialist at Plast-Met Systemy Ogrodowe. – For this reason, no sharp elements, such as barbed wire, broken glass, etc., can be installed at a height lower than 1.8 m. A special case is the fence of a playground, which must be finished evenly and free of any protruding elements. For this purpose you can use the so-called safe panels that have cut ends – emphasizes the expert.
Installation of the wicket and gate in accordance with applicable construction law
The technical conditions also include provisions detailing the installation rules, including: wickets and gates.
According to the law, gates and wickets can only open to the inner side of the plot. The width of the gate should be not less than 0.9 m, and the gate width should be 2.4 m. It is worth remembering that on a fire route, these widths are regulated by separate fire protection regulations.
Wickets and gates should open to the inside of the property. Their minimum dimensions are specified in the Technical Conditions – the width of the gate is at least 90 cm, and of the entrance gate – 2.4 m.
The situation becomes even more complicated when the plot of land is directly adjacent to another property.
Construction of a fence bordering the property of a neighboring house
According to the applicable legal regulations, it is futile to look for a specific procedure specifying the exact rules for building a fence between two neighboring properties.
According to the law, a fence can be erected exactly on the border of two or more plots, provided that all owners consent to it (preferably in writing). In this case, a lot depends on the relationship we have with our neighbor (or neighbors). It is also worth adding that he has no legal obligation to bear part of the construction costs.
Therefore, before starting the construction of the fence, it is best to draw up a contract precisely regulating the type and appearance of the fence and the method of incurring the costs of its construction. This will avoid the need to dismantle the fence resulting from potential conflicts in the future.
It is best to build a fence on the plot line if the neighbors get along and share in the costs, says Jarosław Idźkowski, distributor of Plast-Met Systemy Ogrodowe brand fences. – However, if there is no neighbor, e.g. if we were the first to start construction, then the line marked in the geodetic outline must be maintained and it must not be exceeded – emphasizes the expert.
The legislator has precisely regulated in the Civil Code the principles of jointly bearing the costs of fence maintenance by neighbors. Pursuant to Art. 154 pairs 1 of the Civil Code, walls, fences, margins, ditches and other devices located on the border of neighboring lands are for the common use of neighbors.
Therefore, in accordance with Art. 154 pairs 2 of the Civil Code, users of the above-mentioned devices are also obliged to jointly and severally bear the costs related to the maintenance of the above-mentioned devices and elements separating properties.
This means that if maintenance or partial repair of such a fence is necessary, in accordance with the Civil Code, the costs should be divided equally.
What to include in the application for the construction of a fence above 2.2 m?
If we want to build a higher fence, regardless of whether it is located on the side of the road or the neighbor’s plot, we must notify the county office at least 21 days before the start of work.
In the notification for the construction of a fence over 2.2 m high, we should specify the scope and method of performing construction works and the date of their commencement.
You should also attach a declaration of the right to dispose of the property, as well as drawings and arrangements, if requested by the office. If, after 21 days, the competent authority does not raise any objections, we can take action. Work must begin within three years from the date of notification.
4 things you need to pay attention to to ensure that the construction of a fence is legal?
In order to avoid problems related to the construction of the fence or even the need to dismantle it, it is worth, before starting construction work:
- check local regulations, especially local development plans – it is worth familiarizing yourself with the applicable construction law and the local development plan, which may introduce the obligation to build lower house fences in your location;
report the construction of a fence if there is an obligation to do so – if the regulations require reporting the construction of a fence, you must submit an appropriate written notification as well as documents, sketches and descriptions to the office; - consult with neighbors before starting to build the fence – it is worth consulting plans for building a fence with your neighbor if his house borders our property.
