Homeowners across the UK face a costly catch as new garden fence regulations come into force. Under the updated Town and Country Planning (General Permitted Development) (England) Order 2015, if your fence installation breaches the new limits—whether by height or location—you could be staring down a fine of up to £5,000, or even court enforcement.
This article explores what you need to know to stay legal and protect your property investment.
Updated Garden Fence Regulations: What’s Changed?
Rear Garden Rules
You may now install a fence up to 2 metres (approximately 6 ft 6 in) in your rear garden without planning permission. This simplifies privacy improvements, provided the fence isn’t raised further with additions like trellis.
Front Garden Zones
Fences adjacent to public footpaths, roads, or shared pedestrian zones must not exceed 1 metre in height (just over 3 ft). Exceeding this limit could hinder visibility and prompt enforcement action.
Beyond Just Height
If a fence abuts a highway, even a small height overrun may require planning permission—especially important for safety and public access considerations.
Avoiding a £5,000 Fine: The Risks Explained
Even after installing a compliant fence, you still risk hefty penalties if:
- It causes a statutory nuisance like flooding or obstructing drains.
- It endangers road visibility, compromising public safety.
- You ignore removal or adjustment notices, risking escalation to court.
In such cases, local authorities can impose penalties up to £5,000, with persistent offenders facing prosecution.
Ownership & Responsibility: Clarifying Boundaries
Checking Title Deeds
Your title deeds or Land Registry documents will often indicate who is responsible for the boundary—marked with ‘T’ (your side) or ‘H’ (shared).
Sides of the Fence
A practical rule of thumb: the side with railings facing inward (towards your garden) is likely your responsibility. This helps with maintenance clarity and neighbourly relations.
Conservation Areas & Planning Covenants
Regulations may be overridden by local estate rules or conservation restrictions. Always check with your local planning authority before proceeding.
Quick Summary of Regulations
| Aspect | Detail |
|---|---|
| Back Garden Max Height | 2 metres (no permission needed) |
| Front Garden Max Height | 1 metre when adjacent to public roadway or path |
| Planning Permission Required | Required if exceeding height limits or adjacent to highways |
| Fine for Statutory Nuisance | Up to £5,000, with potential for court action if unresolved |
| Boundary Ownership Evidence | Via Land Registry or title deeds (‘T’ for your side) |
| Additional Restrictions | May apply in conservation areas or estates with their own rules |
Why This Update Matters
- Avoid Costly Mistakes
Without awareness of the update, homeowners risk unexpected fines or enforced fence removal. - Prioritize Safety and Privacy
Standard height allowances aim to balance privacy needs with community safety—especially visibility along roads and footpaths. - Maintain Good Neighbour Relations
Clarifying fence ownership and discussing plans openly can prevent boundary disputes and legal complications.
The updated fence rules introduced under the 2015 Order (in effect since May) mean UK homeowners must stay alert. While you can enjoy more flexibility—like up to 2 metres in the back garden or 1 metre in front adjacent to public spaces—going beyond these limits puts you at risk of enforcement and fines up to £5,000.
Always check planning requirements, clarify boundaries, and consult your local council to avoid turning a DIY project into a legal headache.
FAQs
Only with planning permission, particularly if the property borders a road, pathway, or public access area.
Look to your title deeds or Land Registry to check for ‘T’ (your side) or ‘H’ (shared). If unclear, it’s best to reach a mutual agreement with your neighbour.
If deemed a statutory nuisance, local authorities can issue fines up to £5,000 and may require you to correct the issue or face court action.