A high-quality fence can protect your family and pets and add value to your home. While building a fence in any style you want would be great, there are typically some restrictions depending on your municipality and state law. It’s important to know the regulations in your area and what permits you need before building.
Permits
In most cases, you’ll need a permit for a new fence. To know for sure, you can check your city’s or county’s website or ask your local zoning department. There may be a fee, and you may need to supply photos or written consent from your neighbors. Additional inspections may be required, and you’ll need to know where your utilities are before you install your fence.
Whether you need a permit and what you need to acquire one will depend on where you live. Fences in densely populated areas or particularly tall fences will almost always require permits. Homeowners in rural areas adding chain link fencing to their property may not need a permit.
HOA
While local fencing laws may leave some wiggle room, homeowners associations can be more strict. The intended purpose of homeowners associations is to protect the property value of the homes in your community. They regulate many things you might change or build on your property, including your fence.
Before you install a fence, check your HOA’s requirements and make them aware of your plans. If you build a fence without the approval of your HOA, they may direct you to take it down at your expense. HOAs can regulate your fence’s style, material, color, and height. They can also require that their residents not have fences, so you must read their guidelines.
Property Lines and Surveys
Knowing the boundary line between your property and the neighbors property is crucial when installing a fence on or near a property line. You can have a surveyor come out and do a boundary survey. While this process can be costly, knowing the property boundaries and having an insured surveyor who knows your area well is essential.
If your fence is shared between yourself and your neighbor, it will typically be located directly on the property line. Depending on local laws or HOA rules, your fence may be allowed or required to be set back from the property line by a few inches. In this case, you are the sole owner responsible for costs and maintenance.
Shared Costs and Maintenance
Who owns a fence depends on where the fence is located. If the fence falls to your side of the property line, it is your responsibility. If the fence is built directly on the property line, both neighbors jointly own it. Fences built on property lines are called boundary fences. Local laws assume that boundary fences benefit both property owners.
Because of this mutual benefit, you and your neighbor are responsible for the cost of the fence as well as repairs and maintenance. It’s essential not to make choices about the fence on behalf of your neighbor. While talking to neighbors can be a little awkward, it is better to get to know them and come to an agreement upfront than have conflicts later on. Ensure you’re both on the same page about your design choices, financial limitations, and HOA rules.
Height Limits
The most common restriction regarding local fencing laws and HOA guidelines is fence height limits. It is common for there to be maximum height regulations for fences, but minimum height requirements are not unheard of either. In most locations, six feet is the maximum height for a backyard fence. In front yards, the cut-off height is usually around four feet.
Your HOA will likely have more specific regulations because they typically want a consistent aesthetic throughout the neighborhood. These height limitations may also apply to trees and hedges, often referred to as natural fences. Sometimes you can apply for an exception to the law, or if your fence was built before a new law, it may be permitted.
Spite Fences
Good fences don’t always make good neighbors. Sometimes, fences are built with the sole purpose of annoying or obstructing the view of neighbors. Property law refers to this as a spite fence. Extremely tall hedges, bushes, or trees planted between adjacent lots can still be considered spite fences and are subject to regulation in several states.
In most cases, these divisive structures are considered spite fences when they serve no useful purpose other than to be bothersome to your neighbors. However, in some areas, such as homes near golf courses, an extremely tall fence may be necessary or even required. In these cases, local laws would consider tall fences or hedges helpful, not spite fences.
FAQ
While it is always best to have an open discussion with your neighbors first, you can take legal action by bringing them to small claims court if they still refuse to do their part for a fence on the property line.
Between local fence laws and HOA regulations, your neighbor may be unaware that they’re breaking the rules. Assume your neighbor is well-intended and let them know about the violation. If they refuse to make changes, notify the city about the breach, and the city will inform them that they must comply with the law or risk a fine.
In most subdivisions, the HOA has regulations to ensure that all fences are in good condition and uniform design. If a fence violates these rules, the HOA or the neighbors can request that the fence owner conforms to the guidelines. In the case of spite fences, these are made to be unsightly to neighbors on purpose, and if you can prove this, you can sue for their removal.
Know the Rules? Time to Build
When you want to build a fence, you must talk to your neighbors about your plans for a new fence. If it’s a shared fence, you’ll discuss shared costs, which can be a touchy subject. Building a good relationship with your neighbors is essential, but sometimes we live near difficult people. If a neighbor constructs a spite fence, you can be sure that you’ll be able to sue for its removal.
When you’ve filed a city permit and know local laws, and HOA guidelines, you’ll be ready to build your fence. While there are simple fence projects you can DIY, installing a new fence is a home improvement project that impacts the safety and privacy of you and your family. You’ll likely want a professional fence company for a fence installation done right.
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