Lawyer Warns Garden Fence Disputes Can Lead to £2,500 Fines in England

A new warning from a consumer lawyer highlights that disputes over garden fences could result in fines of up to £2,500 for English homeowners this summer. The issue often arises when neighbours disagree on alterations like painting or extending shared fences.

Lawyer Dean Dunham clarifies that if your neighbour built the fence on their property, it legally belongs to them. “Painting or modifying their fence without permission is technically trespassing and could be considered criminal damage, even if it seems harmless,” Dunham explained. Therefore, a neighbour’s refusal to allow changes is fully justifiable under the law.

Instead, Dunham suggests homeowners consider erecting their own fence, trellis, or screening entirely within their garden boundary, as long as it doesn’t rely on or lean against the neighbour’s fence.

Regarding fence height restrictions, Dave Sayce, co-founder of Compare My Move, points out that garden fences at the rear or side of a property can be up to 6.6 feet (2 metres) tall, including decorative elements. Front garden fences or those bordering public roads must be under 3.3 feet (1 metre). Additional constraints apply if the property is listed or in a conservation area.

Luke Dejahang, Director at Crown Pavilions, warns about the financial risks: “If your fence violates height rules, you could be ordered to reduce its height or remove it. Failure to comply may lead to fines up to £2,500 under the Town and Country Planning (General Permitted Development) Order 2015, escalating to £20,000 if the issue continues.”

For homeowners seeking privacy, hedges might offer a better solution. There is no official legal height limit on hedges, but local councils can intervene if they deem a hedge excessively tall and may require trimming.

Understanding these regulations and respecting neighbours’ property rights can help avoid costly disputes and ensure peaceful coexistence.