Do I need planning permission for my new fence?

When planning to put up a new fence, it’s important to know whether you need planning permission before you start. The last thing you want is to install your fence only to be told it has to come down because it breaches local regulations! Now, rules around fencing can vary depending on height, location, and specific local authority guidelines. While many fences can be put up without any issues, there are situations where planning permission is required. Fences put up without required planning permission can be subject to enforcement action, fines, or the cost of altering or removing the fence entirely – so if you’re ever unsure, it’s definitely worth double-checking!

And if you need to get up to speed on the essentials, we’ve got you covered here at Monton Fencing. While we’re not legal experts, we have a long history of providing fence panels and concrete fence posts to customers all over the North Wests, so you can count us to know the basics. Although national guidelines provide a general framework, some councils enforce additional restrictions, particularly in conservation areas or near listed buildings. So, here’s what you need to know.

What the rules say

In the UK, most fences are covered by permitted development rights, which means planning permission is not required under normal circumstances. However, there are exceptions. The general rule is that fences must not exceed certain height limits, and there are additional considerations if the fence is being installed in a sensitive area, such as near a road or on land with special restrictions.

In simple terms, you’ll need planning permission if:

• Your fence is over two metres high (unless replacing an existing fence of the same height).
• Your fence is over one metre high and next to a road or footpath beside a road.
• Your fence is being installed on a listed property or within the curtilage of a listed building.
• Your fence is being placed in a conservation area where additional planning controls apply.
• There are covenants or conditions restricting fencing in place on the property title or planning documents.

The Town and Country Planning Act 1990, along with guidance from local planning authorities, sets out the legal framework for fences and boundaries. If a fence falls outside the permitted development criteria, basically that means you’ll need to get planning permission before installation. If you don’t get planning permission and it turns out you need it, then the council has the power to issue an enforcement notice, requiring its removal or modification. (From there, there are escalating legal consequences.)

It’s also important to check whether any previous planning conditions exist on the property. Some homes, particularly those in new developments, may have restrictions in place that prevent certain types of fencing, even if it would normally be allowed under permitted development rules. These restrictions may be outlined in planning documents or property deeds.

How height affects permission

The height of a fence is one of the key factors in determining whether permission is needed. The basic rules are as follows:

• Up to two metres – you’re allowed to install without planning permission (unless in a restricted area).
• Over two metres – you’ll need planning permission.
• Next to a road – you don’t need planning permission as long as your fence isn’t higher than one metre.

If you plan to increase the height of an existing fence beyond these limits, you’ll need to apply for planning permission in turn. Even if your current fence is legally in place, extending it could put you in breach of regulations. This includes adding trellis panels, as they are considered part of the overall height. (So if the height of the trellis takes your fence over two metres, you’ll need planning permission.) In some cases, councils may allow slightly higher fences, but this is at their discretion and usually depends on the surrounding environment.

Why location matters

The position of the fence can also impact whether planning permission is required. Fences that border roads, footpaths, or public highways are subject to stricter controls due to visibility and safety concerns. That means if any new fence you build obstructs sightlines or creates hazards for drivers and pedestrians, you might find that your local council requires you to make modifications, or even orders you to take it down.

Additional restrictions also apply if the property is in a conservation area, national park, or within the curtilage of a listed building. In these cases, even relatively low fences may require permission. It’s always best to check with the local planning authority before proceeding, as these rules vary by location. Certain areas, such as those designated as Areas of Outstanding Natural Beauty (AONB) or sites of historical interest, may have stricter guidelines that override standard height limits.

Boundaries that adjoin shared driveways or access routes may also have specific restrictions. If a fence obstructs a right of way, even if it is on your own land, it could lead to a legal dispute. In some cases, you may need to apply for a diversion order or seek agreement from affected parties before proceeding.

Who to check with

Before installing a new fence, it’s generally a good idea to consult with the local council to confirm whether planning permission is necessary. Council websites often have guidance on boundary regulations, and planning officers can provide specific advice tailored to your area. A formal pre-application enquiry can be submitted if you need a definitive answer, though this may involve a small fee.

It’s also not a bad idea to have a word with your neighbours, particularly if the fence is being placed along a shared boundary. Disputes over boundary lines and fence heights can lead to a lot of headaches, even if everyone is on good terms, so discussing plans in advance is definitely worthwhile. And if in doubt, seeking professional advice from a solicitor, surveyor, or planning consultant can help clarify any restrictions that might apply to your property.

We’ll leave the specifics of that up to you – ultimately, we’ll get on with doing what we do best! We’re a family-run business with over 30 years of experience manufacturing our own durable, reliable, and stylish timber fence panels right here on site. If you’re thinking about doing up your garden this Spring, now’s the perfect time to get started – just in time for spring! To learn more about our products, get in touch with our friendly team today at 0161 788 78 38, or stop by our showyard to see our products up close!