Can we put up a tall garden fence to stop the neighbours overlooking us?

We moved into a terraced property earlier this year, and over the summer we were slightly bothered by the fact our garden is closely overlooked by our neighbours.

We’re considering putting up a tall fence around the whole perimeter of our back garden to prevent this, but we’ve read stories of neighbours complaining to the council about fences like this and this has us worried.

What are we allowed to do, and do we need planning permission? Via email

Overlooked: Our reader is considering putting up a tall fence around the whole perimeter of their back garden to offer privacy against their neighbours

Ed Magnus of This is Money replies: Garden fences often become a bone of contention between neighbours.

Earlier this week, it was reported that a father who put up a six-foot fence around his garden to protect his children might be forced to tear it down after neighbours objected to its ‘unreasonable’ height. 

Having a conversation with your neighbours should always be the first course of action before proceeding with any work that may impact them. After all, they may have legal grounds to object.

You may also find your neighbours aren’t the only obstacle in the way of your tall fence. 

You’ll also need to check for any rules or restictions affecting the property itself and the area in which you live.

For expert advice on the matter, we spoke to Olivia Egdell-Page, a partner and head of the property department at Joseph A Jones & Co solictors and Mike Hansom, a consultant for property litigation at BLB Solicitors.

Speak to your neighbour first 

Mike Hansom replies: Maintaining good neighbourly relations and complying with the law are the primary considerations in erecting any garden fence.

Neighbour disputes can be costly, and the existence of any dispute, especially one that is unresolved, may affect your ability to sell your home. 

So whilst it is not a legal necessity, consider discussing your plans with neighbours before proceeding. 

For these purposes, we will assume an established and clear boundary position is marked on the ground.

It is important to consider your neighbours’ potential right to light. Depending on the circumstances, a tall, close board fence replacing something more open may infringe that right. 

You should also consider your title deeds, which might contain a covenant regulating fence height and type. 

Do they need planning permission? 

Mike Hansom replies:  In most cases, erecting a fence is classed as ‘permitted development’, meaning planning permission is not required as long as the fence does not exceed two metres in height from ground level. 

The maximum permitted height of your fence usually includes any trellis, but check with your local planning authority as rules vary. 

If your fence replaces an existing one exceeding the legal maximum, I would not advise you to increase the height further.

Permitted development: In most cases, erecting a fence doesn’t require planning permission as long as the fence does not exceed two metres in height from ground level

If the fence borders a highway used by vehicles or the footpath of such a highway, it cannot exceed one metre in height from ground level.

An exception applies to fences erected within the curtilage of listed buildings, which require planning permission. 

However, you are unlikely to require listed building consent unless the fence is physically attached to the listed structure. 

Olivia Egdell-Page replies: The works you can and cannot do to your property are outlined both in the title to the property and also by the wider planning regime that applies to the property and the area in question. 

Certain areas are subject to additional controls, which can be property specific or area specific – for example, if the property is designated by Historic England as a listed building or if the property is located within a conservation area.

If a fence borders a highway used by vehicles or the footpath of such a highway, it cannot exceed one metre in height from ground level

The rules will apply differently to listed buildings or areas of special control, so please bear this in mind. You are likely to have been informed at the time of purchase if any of these designations apply to your property.

In addition, the title to the property can in some cases include covenants or restrictions on development, including the erection of a new boundary structure, so you will need to consider this before proceeding. 

Aside from this, the title to your property may also contain information as to who is responsible for the boundaries, if these are shared with another property, which is presumably the case for a terraced house.

What’s your advice?  

Olivia Egdell-Page replies: My advice would be to consult your solicitor in the first instance and also the local planning authority, to confirm their requirements in the specific circumstances as apply to your property.

This post first appeared on Dailymail.co.uk