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Fence height when garden is different level to neighbours'

LucidLucid Posts: 387
in Problem solving
Hi everyone, we're getting some fence to replace hedging in a few weeks. Our garden has different levels within itself as it slopes up towards the back, and is also higher than both properties to the side. When working out the maximum fence height allowed, is it 2 metres maximum from your own ground level, even if you are starting at a higher level than your neighbour's ground level? Obviously if that wasn't allowed it would result in us being able to see over the fence and in to the  neighboring gardens at certain points. I think I've found from researching online that this is taken from your own ground level, but my partner has seen it said on a legal forum that it has to be from the lower level, so we're now feeling less sure on what is right. I just wondered if there was anyone who has come across this situation before, or who knows for sure what is considered the right level to measure from?

Thanks for any help. Lucid :)

Posts

  • fidgetbonesfidgetbones Posts: 17,618
    I don't know the legalities but we have a neighbour who is higher and another who is lower. The higher one has a wooden 6 ft fence at his level, which makes it 9ft on our side, bit it doesn't bother us as it is on the North side.  The one who is lower has a bank topped by our 6ft hedge. On his side that is a lot higher, and it blocks out a lot of his sun, as again it is on our northern boundary. He does ask us to keep it down, but not so that we can see over.   Talk to your neighbours.  See how they feel about it.
  • DovefromaboveDovefromabove Posts: 88,147
    edited January 2021
    We are situated similarly to @fidgetbones, on the side of a hill and the houses face west. The fence on the southern boundary is our neighbours’ and the base is about 3ft above the ground level of our garden ... the fence is at their head height. 

    When we moved here there was an ivy-covered bank at the base of our side of the fence ... once we’d cleared the ivy we had a deep, meter wide  bed made along the foot of the fence supported by two sleepers on edge, fixed firmly in place with steel reinforcing rods drilled through them into the ground.  This ensures the soil at the base of the neighbour’s fence and posts remains stable. 

    The fence on our northern boundary is on our garden and the base is about three ft above the level of their garden. They have a similar bed (with a concrete block wall) supporting the bank at the foot of what is our fence. 
    Our fence is about 5’6” with 12” of trellis along the top ... so of course much taller when seen from the neighbour’s garden. 


    Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





  • TheVanguardTheVanguard Posts: 136
    I think ground level may be measured from the highest point of land, next to your house...see below for outbuildings (fences may be different tho)

    I would just ring my local planning office and check. Might also be worth talking with your neighbours to ensure there will be no problems down the line. 


    Article 1(3) of the legislation defines “height” as follows:
    “Unless the context otherwise requires, any reference in this Order to the height of a building or of plant or machinery shall be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph "ground level" means the level of the surface of the ground immediately adjacent to the building
    “A definition of “ground level” is given in article 1(3). Measurements of height for the purposes of the Order are taken from the highest part of the adjoining land. The measurement should be taken from the “natural” ground level (see Journal of Planning and Environment Law, 1979, p. 491)”.
    • This means that for the purposes of the legislation, the “height” of the outbuilding shown on the previous page is “2.5m”, regardless of the fact that one end of the outbuilding is 5.5m above ground level.
  • LucidLucid Posts: 387
    Thanks for your replies @fidgetbones, @Dovefromabove and @TheVanguard, and sorry for my delayed reply. That's all really useful to know. We've got plenty of time so will check in with the council and the neighbours. I was just trying to find out what I could beforehand as the hope is it is all considered legal, and it seems some of you have drastically different levels to your neighbours, so if it works in your situations I hope it will all be given the ok for us too.

    @TheVanguard - thanks for that information. I imagine that must be a bit more related to outbuildings, but useful to know just in case.

    Lucid :)

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