ASH
Permitted Development Checklist for Fences & Boundary Walls
As a property owner, you have more fencing opportunities than you probably realise. Under planning law in England, you have automatic Permitted Development Rights to build, maintain, or alter a fence—provided it meets the criteria below.
1. Height & Location Rules
📋 Is the fence adjacent to a highway?
- • If YES: The maximum legally allowed height is 1 metre (including any gravel boards or trellis on top). A highway includes any road, pavement, or public footpath used by vehicles or pedestrians.
- • If NO: (e.g., standard rear or side garden not adjoining a road or footway) The maximum legally allowed height is 2 metres.
📋 Are you including a trellis or topper?
Fact Check: Legally, a trellis counts toward total height. A 2-metre fence panel topped with a 30cm trellis equals 2.3 metres total and requires formal planning permission.
📋 Are you repairing or replacing an existing tall fence?
If you are repairing or replacing a fence that is already over the 1m or 2m limit, you may do so without planning permission only if you do not increase its height.
📋 Any style or material?
Generally yes, but hazardous toppings such as barbed wire, razor wire, or glass are strictly regulated under the Occupiers' Liability Act if they pose a danger to passers-by or trespassers.
2. Restrictions & Hidden Exclusions
Even if your fence meets height limits, your Permitted Development rights might be overridden. Check the following:
- [ ] Listed Buildings: If your property is a listed building (or shares a boundary with one), permitted development is removed. You must apply for planning permission and Listed Building Consent.
- [ ] Article 4 Directions: Local councils can remove permitted development rights across entire neighbourhoods or conservation areas. Check your council website to confirm an Article 4 Direction doesn't restrict fences on your street.
- [ ] Flats & Commercial Properties: Permitted development rights for fencing apply to houses. Flats and maisonettes do not enjoy these rights and almost always require planning permission.
- [ ] Open-Plan Covenants: Many modern housing developments contain planning conditions or title deed covenants forbidding front boundaries to maintain an open-plan layout. Always review your property deeds.
⚠️ The Risk of Getting It Wrong
If you erect a fence at the incorrect height or in the wrong location, you could face local authority planning enforcement. This can result in a protracted, stressful, and expensive planning journey, often ending in a legal requirement to forcibly alter or completely dismantle your new fence.
Verify Your Rights Before You Build
We are more than happy to assist you to ensure you get your fencing project right from the outset.
Email enquiries@kippenash.co.uk