When Do I Need Planning Permission for a Fence?

General Rules for Fence Planning Permission

In many cases, planning permission is not needed for erecting or replacing a fence. This is because building a fence often falls under Permitted Development Rights, allowing you to make small changes to your property without applying for permission. However, there are some key exceptions where you will need to apply for permission:

1. Height Restrictions:

   • If the fence is over 2 metres (about 6.5 feet) high, you will need planning permission.
   • If your fence is next to a highway used by vehicles (or the footpath of such a highway) and it exceeds 1 metre in height, then planning permission is required. This rule is in place to ensure that the fence doesn’t obstruct sightlines or pose a safety risk for drivers.

2. Listed Buildings:

   • If your property is a listed building, planning permission will always be required. Changes to listed properties, including adding or modifying fences, are highly regulated to preserve the historical character of the area.

3. Conservation Areas:

   • In conservation areas, putting up or altering a fence will require planning permission to maintain the character and aesthetic of the area. This means you need to make sure the fence design matches or complements the existing environment.

4. Boundary with a Neighbour:

   • If your new fence is along a boundary with a neighbour, it’s always best to discuss your plans with them first. While you may not need planning permission in many cases, avoiding disputes with neighbours will help keep the process smooth and prevent future headaches.

5. Previous Conditions on Your Property:

   • If there are planning conditions or covenants placed on your property from previous planning permissions, these might prevent you from putting up a fence without seeking permission. Checking your property’s documents or contacting your local planning authority can help clarify this.

How to Determine Fence Height

The height of a fence is usually measured from the natural ground level. If your garden has a slope, measuring from the lowest point may mean that even a modest fence requires planning permission. Make sure to take careful measurements to determine whether you fall within the Permitted Development limits or whether permission is needed.

Scenarios Requiring Planning Permission

Below are a few common scenarios where you might need planning permission for a fence:

1. If Your Property is in a Conservation Area:

   • If your home lies within a conservation area, erecting or replacing a fence will often require planning permission, even if you’re replacing an existing fence with a similar structure.

2. Fence Alongside a Highway:

   • If your fence is adjacent to a highway, road, or footpath, and is taller than 1 metre, then you will need planning permission to ensure public safety.

3. Front Garden Fences:

   • If you want to erect a fence in your front garden, planning permission is often needed because these areas can impact the look of the street or the line of sight for traffic. Make sure to check with your local council.

4. Shared Fences:

   • A shared fence between properties could be subject to different rules. It’s essential to have the neighbour’s agreement, especially if the proposed height exceeds the Permitted Development restrictions.

Planning Permission Application Process

If you’ve determined that your fence will need planning permission, the process is straightforward:

1. Contact Your Local Planning Authority (LPA):

   • Your Local Planning Authority (LPA) will be able to advise you on whether planning permission is required. This is an essential step, especially if you’re unsure about the regulations for your specific property.

2. Submit an Application:

   • You can apply for planning permission directly through the Planning Portal. This application will require you to provide detailed plans of the proposed fence, including height, design, and location.

3. Await Approval:

   • The LPA will consider factors such as safety, the aesthetics of the neighbourhood, and the impact on neighbouring properties before making a decision. You may need to wait up to 8 weeks for a decision, depending on the workload of your LPA.

Important Considerations Before Building a Fence

• Communicate with Neighbours:

  • Whether planning permission is needed or not, it’s always a good idea to communicate your plans with any neighbours who share a boundary. This can prevent disputes and maintain a positive relationship with your neighbours.

• Check for Covenants:

  • Restrictive covenants in the deeds of your property may limit your ability to erect a fence or specify certain requirements. It’s best to check these before starting.

• Access and Maintenance:

  • Keep in mind that a new fence may need future maintenance, especially if it borders a neighbour’s garden. Make sure you will still have access to carry out these tasks.

Common FAQs About Planning Permission for Fences

1. Can I replace an existing fence without planning permission?
   Yes, as long as you replace it with a fence of similar height and materials that still falls within Permitted Development Rights.

2. What if my fence height is slightly above the limit?
   Even if your fence exceeds the permitted height by just a small amount, you still need to apply for planning permission. It’s best to follow the guidelines to avoid enforcement action.

3. What happens if I build a fence without permission?
   If you build a fence without the required planning permission, your local council could issue an enforcement notice, requiring you to alter or remove the fence. Failure to comply can result in legal action and potential fines.

4. Can I paint my fence any colour I like?
   Usually, painting your fence does not require planning permission. However, in conservation areas or for listed buildings, you may need permission to change its appearance.

The Benefits of Installing a Fence

Adding a fence to your property comes with several benefits:

• Privacy and Security: A fence adds a layer of privacy to your garden or outdoor space and can help keep pets and children safe.
• Aesthetic Appeal: A well-chosen fence can improve the visual appeal of your property and boost curb appeal.
• Boundary Definition: Fences clearly define property boundaries, reducing disputes with neighbours and ensuring everyone knows where the property starts and ends.

When Do I Need Planning Permission for a Fence?

Understanding when you need planning permission for a fence can save you a lot of time, effort, and avoid costly mistakes. While many fencing projects fall under Permitted Development, it’s essential to understand the specific rules for your property—especially if your property is in a conservation area, next to a highway, or involves a shared boundary. Always check with your local planning authority if you are in doubt to make sure your project stays compliant.

If you’re thinking of installing a fence and want to know more about whether you need planning permission, feel free to reach out to Surv Essex. We’re here to provide guidance, help with planning applications, and make sure your home improvements go off without a hitch.