Homeowners are rushing to check boundaries after a spring rule update left many uncertain about heights, permits and risks.
Silent updates to planning rules in May mean garden boundaries are now subject to clearer boundaries, but there are new pitfalls. A fence that is too high or one that blocks drains can now attract the attention of municipalities and, in the worst case, result in a four-figure fine.
What changed in May and why it matters
The Town and Country Planning (General Permitted Development) (England) Order 2015 was amended in May to regulate how homeowners replace or install gates, fences and walls. The update did not revolutionize gardening law, but it did sharpen the boundaries. You now have less room for interpretation regarding height, position and what counts towards the total.
Two numbers do most of the work: 1 meter at the front of a highway, 2 meters everywhere else on domestic terrain.
The rules apply to houses across England under “permitted development”, which allows for many smaller changes without having to submit a planning application. If you cross these boundaries, you enter the territory with full permissions.
The height rules at a glance
| Location | Maximum height without building permit | Notes |
|---|---|---|
| Next to a street or its footpath (front boundary or side on a corner property) | 1 meter | “Adjacent to a highway” usually means that the boundary touches land used by vehicles or their footpath. |
| Any other boundary (back garden or sides not on a motorway) | 2 meters | Includes fences, walls, gates and any grids attached to them. |
| On the site of a listed building | Normally a permit is required | In these settings, the permitted development rights are restricted. |
Does a trellis count?
Yes. A decorative trellis attached to a fence forms part of the overall height. A 1.8m panel plus 0.4m grid equals 2.2m and therefore requires a permit unless you are below a 1m frontage limit or elsewhere at 2m.
When you need to apply for a building permit
You will need permission if your proposal exceeds height limits, is in the vicinity of a listed building or if your area falls under an Article 4 directive which removes permitted development rights. This can happen in nature reserves and on some estates. Corner properties often scare people because the “side” fence can be classified as adjacent to a highway.
The measurement is taken from the ground where the fence stands. Artificial soil embankment to raise the base does not avoid the boundary. If the levels are different on both sides, the planners pay attention to the natural level and the visual effect.
To put it simply: If it is more than 2m at the back or more than 1m on a street, you should speak to your local council first.
Fines and enforcement: Where £5,000 comes into play
Breaching planning rules will usually trigger enforcement proceedings, which can force you to lower or remove the fence. It's painful and costly, but it's not the punishment most people fear. The main figure – up to £5,000 – arises if your fence causes a statutory nuisance, for example by causing flooding or blocking drains. The municipalities can issue a reduction notice. Failure to comply can result in criminal prosecution and a painful fine.
A fence that causes flooding or blocks drains can result in a statutory fine of up to £5,000.
You also risk legal action if your structure towers over a neighbor's property, damages their property, or poses a hazard next to a highway. In the event of damage, insurers can claim an interest.
Who owns a fence between neighbors?
Myths like “The left fence is yours” do not determine ownership. Check your title deeds and the Land Registry's title plan for “T” marks and covenants. If there are no records, check who paid for and installed the fence and how it was maintained. A calm conversation across the border line often solves the problem more quickly than letters.
If a fence spans the boundary, it may be a party fence. Do not replace or modify without consent. Keep all new structures, including posts and concrete foundations, completely on your site.
Practical steps before buying panels this weekend
- Measure from the natural ground level to the top of the tallest element, including any trellises.
- Sketch your boundary and mark the distances from the footpath or road if you are on a corner or in front of a street.
- Check your local government website for Article 4 instructions, protected area status and the interpretation of “adjacent to a highway”.
- Check your property registry and look for ownership notices and restrictive covenants.
- Talk to your neighbor early. Agree on height, design and maintenance access.
- Look for drains and inspection covers. Keep your distance to avoid blockages and claims of harassment.
- Choose sturdy posts and fixtures. Strong winds cause inadequately sized panels to tip over and can lead to liability risks.
- Maintain safe sight lines near driveways. Drivers and pedestrians need visibility.
Three common scenarios, solved
Privacy in the back garden: They are planning 1.8m long panels with a 0.3m wide trellis along the rear boundary. In total there are 2.1 million. This exceeds the 2 meter limit, so you need a permit or lower the height.
Front picket on a footpath: A charming 1.2m picket on the front boundary next to the footpath exceeds the 1m limit next to a motorway. Apply or cut to 1 m.
Side fence of the corner property: Its side boundary faces the street. Although it feels like a side fence, it borders a motorway so the 1m limit applies without permission.
Money and time: what you should budget for
Application fees vary, but a household application in England usually costs around £258. The councils usually decide within eight weeks. If they refuse, you can appeal, redesign the design, or reduce the height to accommodate permitted development. Consider materials and labor: a 1.8m wooden panel might cost £30-60, posts £15-40, concrete gravel boards more. Galvanized or composite systems cost more but last longer and require less maintenance.
Key definitions that throw people off
- Adjacent to a highway: Its boundary touches the land used by vehicles or their footpaths. Corner properties are often an option.
- Green space: the land that immediately surrounds your house and that you use as part of the house.
- Permitted Development: Work that is permitted without applying for planning permission, provided you comply with the specified boundaries.
Additional controls that save trouble later
Perform a quick wind load health check. A solid 2 m long plate acts like a sail. Consider air-permeable louvered construction, deeper post foundations, and stronger fastenings in exposed locations. Treat wood to extend its lifespan and avoid premature replacement, which can lead to disputes between neighbors.
If you are near protected trees or roots, ask the municipality's tree protection officer for advice. Digging post holes within root protection areas can damage trees and trigger individual breakthroughs. If drains run near the boundary, provide gravel backfill and maintain clear access to inspection points. Here's how to reduce the risk of clogs that could bring the 5,000-pound problem to your door.