Spring’s DIY itch met fresh planning tweaks this year, leaving fences, hedges and boundaries under far sharper scrutiny than before.
Updated rules brought in during May have reshaped what’s allowed without planning permission, and what could land you in hot water. Height limits, highway edges and drainage now matter more than many homeowners realise, and getting it wrong can be costly.
What changed in May
In May, amendments to the Town and Country Planning (General Permitted Development) (England) Order 2015 clarified the permitted development rules for gates, fences, walls and other means of enclosure. The thrust is simple: modest replacement or new boundary treatments remain allowed in many back gardens, but frontages and highway edges are tighter, and consequences for creating hazards or nuisances are clearer.
These planning rules sit alongside public health and environmental laws. If a fence or boundary structure creates a statutory nuisance — for example, by obstructing drainage and contributing to flooding — councils can issue abatement notices and seek prosecution in the magistrates’ court.
Rear gardens usually allow up to 2 metres without planning permission; frontages next to roads or pavements are typically capped at 1 metre.
How high can your fence be?
As a rule of thumb across England, the following limits apply without planning permission. Anything taller normally needs approval from your local planning authority.
Location
Max height without permission
Key notes
Back garden or side boundary not next to a highway
2 metres
Measured from natural ground level; trellis on top counts towards total height.
Front garden, or any boundary next to a road, pavement or public space
1 metre
Includes corner plots; “adjacent to a highway” often captures road-facing side fences.
Anywhere exceeding the above limits
Planning permission required
Apply before installation; enforcement can require reduction or removal.
What counts as height
Height is measured from the existing ground level on whichever side gives the greater measurement. Raising soil or adding planters at the base to “cheat” the tape won’t avoid the limit. Decorative panels and trellis are part of the structure, so a 1.8m fence plus 0.3m trellis is treated as 2.1m.
On sloping sites, planners assess typical ground level along the run. Where boundaries step up or down, they may ask for elevations to show compliance at each section.
Boundaries, deeds and neighbour rights
Who owns which fence is not always obvious. Title plans only show general boundaries, and the familiar “T-mark” isn’t guaranteed unless it appears on your deeds. A senior legal adviser at consumer group Which? has previously suggested checking your deeds and any historic conveyances to see if responsibility is recorded, and speaking to neighbours to confirm who erected the existing fence.
Check the registered title and any older deed plans for boundary notes or covenants.
Ask who paid for and installed the current fence; agreements often become custom.
Keep posts and rails on your side; do not attach to a neighbour’s wall without consent.
Agree heights and styles in writing for future reference.
If using anti-climb spikes or deterrents, use warning signs and ensure they are reasonable.
High hedges are a separate regime: evergreen or semi-evergreen screens above 2 metres can trigger complaints under the Anti-social Behaviour Act 2003. Councils can order reductions, and fees for handling a complaint may apply.
Front garden fences next to a road or pavement must stay at or below 1 metre unless you have consent.
When planning permission is needed
You will normally need to apply if one or more of the following apply:
The fence exceeds 2 metres in a rear or side garden, or 1 metre where adjacent to a highway or its footpath.
Your property is affected by an Article 4 direction restricting permitted development rights.
The site is in a conservation area or near a listed building, where design and heritage impact may be scrutinised.
The works create a new access onto a highway or affect visibility near a junction.
Trees with a Tree Preservation Order could be harmed by post holes or trenching within the root protection area.
Householder planning applications in England typically take around eight weeks for a decision. The fee for a householder application is currently around £258. Many councils publish design guides showing preferred materials and heights for front boundary treatments to preserve local character.
What happens if you ignore the rules
If the fence breaches planning control, the council can issue an enforcement notice requiring you to reduce the height or remove the structure. Failing to comply can lead to prosecution and costs on top of remedial work. Separately, where a fence creates a public health problem — such as blocking a drain, worsening surface water run-off, or harbouring refuse — environmental health officers can issue abatement notices.
If a boundary structure causes a statutory nuisance — for example, by blocking drains or aggravating flooding — fines can reach £5,000 in the magistrates’ court.
Neighbour disputes can also become civil matters. Claims may allege trespass if posts cross the boundary, or nuisance if a fence is unsafe or leans. Your home insurer’s legal expenses cover, if you have it, may help with advice or mediation.
How to stay safe before you start
Measure carefully and sketch the boundary, marking highway edges and ground levels.
Choose heights that fit the 2m/1m thresholds; include trellis in your totals.
Check your deeds for covenants limiting walls or fences at the front.
Speak with your neighbour early; agree style, height and who pays.
Call LinesearchBeforeUdig to check for buried utilities before digging post holes.
Use gravel boards or small gaps to keep water flowing and avoid blocking surface drains.
If in doubt, contact the local planning authority for written advice, or submit a lawful development certificate.
For conservation areas or heritage settings, pick materials that match local character.
Two quick examples
A rear replacement with trellis
You plan to replace a dilapidated 1.6m rear fence with 1.8m panels plus a 0.3m trellis. Total height 2.1m exceeds permitted development, so either drop to 2.0m overall or apply for planning permission. If the garden slopes up towards the boundary, measure from the higher side where the fence looks taller.
A side fence on a corner plot
Your side boundary faces a pavement on a corner. The fence counts as adjacent to a highway, so the limit without permission is 1 metre. Many councils accept low brick walls with railings above where the overall height is modest and visibility is preserved, but this usually needs consent.
What to do if you already built it
Where a finished fence is marginally over-height, some councils accept trimming down or removing trellis to solve the breach. Keep a polite paper trail with neighbours and the planning case officer. If the council serves an enforcement notice, take the deadline seriously and respond promptly; appealing late is rarely successful.
If flooding or blocked drains have been reported, clear debris, create gaps at the base to restore flow, and keep photographic evidence. Showing proactive mitigation can head off formal action and reduce risk of a £5,000 penalty for nuisance.
Beyond the fence: security, privacy and costs
Security does not always require extra height. Consider solid lower panels for privacy with open-top trellis to avoid wind load, lockable side gates, and motion lighting that respects neighbours. Timber prices vary, but a typical 10-panel run with concrete posts and gravel boards can easily exceed £1,000 in materials; set aside a contingency for disposal of the old fence and for postcrete.
If planning permission looks unavoidable, factor in design time and the application fee. A lawful development certificate can also provide certainty even when you believe the work is permitted; it creates an official paper trail that helps when you sell.
The safest route is simple: know your heights, check your boundary, think about drainage, and speak to your council if anything looks borderline. A few checks up front can save you a planning headache — and keep a £5,000 fine firmly off your to-do list.
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