When it comes to property disputes between neighbours, one common question that often arises is whether a neighbour has the right to attach a fence to your wall. It’s not a straightforward answer, and there are several factors to consider before coming to a conclusion. In this article, we will delve into the legal implications of attaching a fence to a neighbour’s wall and what rights you have as a property owner.
Firstly, it’s important to establish property ownership. If the wall is wholly within your property, then your neighbour has no right to attach anything to it without your consent. On the other hand, if the wall is a shared boundary wall, then both neighbors have equal ownership of the wall and are entitled to use it as they see fit.
Planning Permission and Building Regulations
Before proceeding with attaching a fence to a neighbor’s wall, it’s essential to check if planning permission is required. In most cases, planning permission isn’t needed for a fence, but it’s always best to double-check with your local council. In addition, building regulations should also be considered. If the fence is over two meters high, then building regulations must be met.
Party Wall Agreement
A party wall agreement is a legal document that outlines the rights and responsibilities of both neighbours regarding a shared wall. If the wall is a shared boundary wall, then a party wall agreement is necessary before proceeding with any work. If the fence is attached to the wall and causes damage, then the party wall agreement will dictate who is responsible for the repair costs.
Advantages and Disadvantages of Attaching a Fence to a Neighbor’s Wall
- Cost-effective – Attaching a fence to a neighbour’s wall can save money on material costs.
- Space-saving – By using a shared wall, it saves space as the fence doesn’t have to be set back from the boundary.
- Aesthetically pleasing – Attaching a fence to a wall can give a seamless and uniform look.
- Damage – If the fence isn’t attached correctly, it can cause damage to the wall or even collapse.
- Repair costs – If the fence causes damage to the wall, the repair costs may have to be split between neighbors.
- Dispute – Attaching a fence to a neighbor’s wall can lead to disputes, especially if the neighbor isn’t happy with the fence’s appearance.
In conclusion, attaching a fence to a neighbor’s wall is possible if the wall is a shared boundary wall, and a party wall agreement is in place. However, it’s essential to consider the legal implications, planning permission, and building regulations before proceeding. While attaching a fence to a neighbor’s wall has its advantages, it also has its disadvantages, and it’s essential to weigh both options before making a decision.
At Faulkner Surveyors, we provide professional surveying services, including party wall agreements, building surveys, and valuations. Contact us today to learn more about our services and how we can help you with any property-related issues.