Planning permission for a fence: The 1-metre and 2-metre rules

A new fence ought to be one of the simpler home improvements. You choose the panels, arrange an installer and look forward to a little more privacy from the road or the garden next door.

Unfortunately, the planning rules become less simple when the fence is near a pavement, the property is on a corner, the gardens are at different levels or the house is listed. A modest strip of trellis can also be enough to turn permitted development into work requiring an application.

I have seen fence disagreements begin in much the same way. Nobody deliberately sets out to breach planning control. Someone simply assumes that a six-foot panel is allowed everywhere, or a contractor measures from whichever side of a sloping garden produces the more convenient answer. The problem surfaces only after a neighbour contacts the council.

Quick answer: You will not normally need planning permission for a fence, wall or gate if it is no more than one metre high where it is adjacent to a highway used by vehicles, or no more than two metres high elsewhere.

Those figures are only the starting point. Different considerations arise for listed buildings, conservation areas, corner plots, existing taller fences and properties affected by an Article 4 direction or planning condition. Planning permission also does not override boundaries, restrictive covenants, leases or rights of way.

This guide explains the rules applying in England and Wales. For the wider law on ownership, repairs and disputes between neighbours, see my guide to boundary fence rules.

Contents

What counts as a fence for planning purposes?

The permitted-development rules cover the erection, construction, maintenance, improvement or alteration of a:

  • gate;
  • fence;
  • wall; or
  • other means of enclosure.

The final category is deliberately broad. Railings, privacy screens, trellis, decorative boundary structures and fixed bamboo or reed screening may all be treated as part of a means of enclosure.

Changing the material does not avoid the rules. Replacing a brick wall with timber panels or a low wooden fence with metal railings is still work to a means of enclosure.

A retaining wall may require a separate assessment because its main purpose is to hold back land rather than simply mark or enclose a boundary. Substantial retaining work can raise structural, engineering and planning issues beyond those applying to an ordinary garden fence.

Planning permission for a fence: The basic 1-metre and 2-metre rules

The ordinary permitted-development limits are:

  • one metre above ground level where the fence, wall or gate is adjacent to a highway used by vehicular traffic; and
  • two metres above ground level elsewhere.

One metre is approximately 3 feet 3 inches. Two metres is approximately 6 feet 6¾ inches.

A structure at exactly the relevant limit can ordinarily qualify. A structure exceeding it normally requires planning permission unless the special rule for maintaining or altering an existing taller enclosure applies.

The official English guidance is available from the Planning Portal’s page on planning permission for fences, gates and garden walls. The Welsh Government publishes separate guidance on fences, walls and gates in Wales.

The limits determine whether a planning application is normally required. They do not create a general right to build on a neighbour’s land or ignore a private restriction.

The one-metre rule beside a highway

A new fence, wall or gate adjacent to a highway used by vehicles must not ordinarily exceed one metre above ground level if it is to rely on the national permitted-development right.

The rule commonly affects:

  • front boundaries beside a road;
  • walls and gates beside a pavement;
  • side boundaries on corner plots;
  • enclosures beside the entrance to a cul-de-sac; and
  • fences close to a vehicular access.

In England, the statutory wording expressly includes the footpath of a highway used by vehicular traffic. A pavement running beside a road is therefore included even though vehicles do not drive over the pavement itself.

The wording should not be shortened to “every public footpath”. A separate pedestrian path away from a vehicular highway does not necessarily attract the one-metre limit under that particular provision.

In Wales, the official guidance refers to a fence being next to a highway used by vehicles. Where the status of a pavement, path or access is uncertain, the safest course is to obtain the local planning authority’s view rather than assume that the English wording produces an identical answer.

Does the road have to be publicly maintained?

No. Whether a route is a highway is not determined solely by who owns or maintains it.

A highway is broadly a route over which the public has a right to pass. A privately owned road can therefore be a highway, while a private driveway used only by particular properties may not be.

The words “private road” on a sign or title plan do not necessarily settle the planning question.

What does “adjacent to a highway” mean?

The legislation does not prescribe a fixed distance.

A fence does not necessarily have to touch the pavement or road before it is considered adjacent. The question is one of fact and degree, taking account of the distance, physical relationship and visual connection between the fence and the highway.

A narrow grass verge, hedge or strip of land between the fence and pavement will not automatically prevent the one-metre rule from applying.

Equally, a fence set well inside a large front garden may be too remote to be adjacent, even though it is visible from the road.

This uncertainty matters particularly where a house stands on a corner or behind a wide verge. If the planned fence is taller than one metre, obtain written pre-application advice or consider a lawful development certificate before ordering it.

Do front-garden fences have to be below one metre?

Not automatically.

The legal test is not simply whether the fence is in a front garden. It is whether the enclosure is adjacent to a highway used by vehicles.

Most front boundaries beside an ordinary residential road will be caught by the one-metre rule. However, a fence positioned further back within a deep front garden may fall within the two-metre rule if it is not adjacent to the highway.

That does not mean a two-metre front-garden fence is necessarily advisable or likely to receive permission. It may affect the street scene, visibility, security, neighbouring amenity or the open character of an estate.

Front gardens are also especially likely to be affected by:

  • a planning condition preserving an open frontage;
  • an Article 4 direction;
  • a restrictive covenant;
  • a visibility splay; or
  • a lease or estate-management rule.

How do the rules apply to corner plots?

A side boundary can be adjacent to a highway even though it is not the front boundary of the house.

This is the trap that most often catches owners of corner properties. The fence may run beside what they naturally regard as the private side garden, yet the adjoining road or pavement can bring the whole side boundary within the one-metre rule.

The local authority may also consider the effect of a taller enclosure on drivers approaching the corner, pedestrians crossing the road and vehicles leaving nearby driveways.

Do not rely on another tall fence further along the street. It may have planning permission, pre-date the current development, be immune from enforcement or simply never have been investigated.

The two-metre rule elsewhere

A fence, wall or gate that is not adjacent to a highway used by vehicles can normally be up to two metres above ground level without a specific planning application.

This commonly covers rear boundaries, boundaries between neighbouring gardens and internal garden divisions.

A typical six-foot fence is approximately 1.83 metres high and therefore falls within the two-metre limit. The posts, gravel boards, trellis and decorative top must still be considered when calculating the finished height.

The planning rule does not mean that every two-metre enclosure is lawful in every respect. It must still be placed on the correct land and comply with any covenant, lease, planning condition or heritage restriction.

How is fence height measured?

Height is measured from ground level to the highest part of the completed enclosure.

On level ground, that is usually straightforward. Difficulties arise where:

  • one garden is higher than the other;
  • the land slopes along the fence;
  • the fence stands on a wall;
  • the ground has been raised;
  • decking or a patio lies beside the fence; or
  • the panels step up or down.

The relevant starting point will usually be the natural or established ground immediately adjoining the structure. Local authorities commonly measure from the higher adjoining natural level where the two sides differ, but the precise assessment can depend on the physical circumstances.

It is equally unsafe to deposit soil, build a platform or use the top of raised decking as a new datum purely to bring a tall fence within the limit. Where the adjoining land itself has been altered, my guide to what happens when a neighbour raises their garden level explains the separate planning rules and the problems that can arise with privacy and drainage.

On a slope, different sections may need to be considered separately. A stepped fence might remain below two metres at the upper end but exceed it further downhill.

Where the measurement is close, provide the planning authority with photographs, levels and a dimensioned drawing. An installer’s assurance that “six-foot-six is always permitted” is not evidence that the particular proposal is lawful.

Does a wall beneath the fence count?

Yes. A fence or railing installed on top of a wall is normally measured as one complete means of enclosure.

A 1.2-metre wall with a one-metre fence above it is not treated as two compliant structures. Its total height is approximately 2.2 metres.

A retaining wall may complicate the analysis, especially where it supports a significant difference in ground level. Structural advice may also be required.

Does trellis count towards fence height?

Yes. The total height of the fixed structure should be measured together.

For example:

1.8-metre fence + 0.4-metre trellis = 2.2 metres overall

That will normally exceed the permitted-development limit away from a highway.

The same approach can apply to latticework, decorative panels, fixed privacy screening, ornamental tops and railings. Calling a structure lightweight, decorative or partly open does not create a general planning exemption.

A climbing plant growing above an otherwise lawful fence is not normally treated as part of the constructed enclosure. A fixed supporting trellis is.

A living hedge is governed differently. See my guide to hedge height and neighbour disputes.

Can you replace an existing tall fence?

The permitted-development rules recognise that an existing fence, gate or wall may already exceed the normal one-metre or two-metre limit.

Maintenance, improvement or alteration can generally be permitted where the enclosure is not made higher than its former height.

This can allow a taller existing fence to be repaired or replaced without a fresh planning application. It does not mean that every replacement is automatically lawful.

Before removing the old structure, establish:

  • its precise height and position;
  • whether it was itself lawful;
  • whether planning permission or a condition controlled it;
  • whether an Article 4 direction applies;
  • whether listed-building or conservation-area controls are engaged; and
  • whether the replacement is materially different.

A solid wall may have a different visual and highway impact from the open railings it replaces, even at the same maximum height. Moving the enclosure closer to the road may also change whether it is adjacent to the highway.

Photograph and measure the existing structure before it is dismantled. Include the complete panels, posts, wall, trellis and relationship to the ground. Once it has disappeared into a skip, proving its former dimensions can become surprisingly difficult.

Can you increase the height of an existing fence?

Only up to the ordinary permitted-development limit without applying, unless another exception applies.

A rear fence standing 1.5 metres high can ordinarily be raised to two metres. A two-metre rear fence cannot normally be raised to 2.3 metres without planning permission.

Adding trellis is an increase in height. The fact that the solid part remains unchanged does not prevent the finished enclosure from exceeding the limit.

Listed buildings: Why the ordinary limits may not apply

The normal permitted-development right does not apply to development within the curtilage of a listed building or to a gate, fence, wall or other means of enclosure surrounding one.

Planning permission may therefore be required even where the proposed enclosure is below one or two metres.

Listed building consent may also be needed where the work would demolish or alter a protected historic wall, railing, gate or other structure in a way affecting the listed building’s special architectural or historic interest.

The listing may protect more than the house itself. Historic gate piers, boundary walls, railings and structures within the curtilage can all require careful investigation.

A boundary shared with the curtilage of a neighbouring listed building should also be checked with the local planning authority. The Planning Portal’s guidance adopts a cautious approach to a boundary involving a neighbouring listed property.

My separate guide explains the wider restrictions affecting Grade II listed buildings.

Conservation areas: New fences and demolition are different

Living in a conservation area does not automatically mean that every new fence below one or two metres requires planning permission.

The ordinary permitted-development right can still apply unless it has been removed by an Article 4 direction, planning condition or another restriction.

The easily overlooked issue is demolition of the enclosure already there.

Demolition in England

Planning permission for relevant demolition may be required to take down a gate, fence, wall or other means of enclosure in a conservation area where it is:

  • one metre or more in height beside a highway, waterway or open space; or
  • two metres or more in height elsewhere.

There are statutory exemptions, so the particular proposal should be checked. The Planning Portal provides guidance on demolition and other work in conservation areas.

Demolition in Wales

Wales has a separate conservation-area consent regime under its current historic-environment legislation.

Broadly, consent may be required to demolish an enclosure that reaches the corresponding one-metre or two-metre threshold, subject to the applicable exemptions.

This means that an owner may be entitled to erect a modest replacement but still need approval before demolishing the historic wall or railings already on the site.

Contact the conservation team before removal begins. Reconstructing an attractive old boundary after discovering that consent was required is considerably less straightforward than asking first.

Planning conditions and Article 4 directions

A fence can be below the national height limit and still require planning permission.

Article 4 directions

An Article 4 direction allows a local planning authority to withdraw specified permitted-development rights from particular properties or an area.

Directions are often used in conservation areas, historic streets and planned estates where open frontages, walls or railings contribute to local character.

A direction does not necessarily prohibit a fence. It means that a planning application must be made so that the proposal can be assessed.

The direction may apply only to particular elevations, boundaries or types of development. Check its wording and map rather than assuming that every Article 4 direction removes every permitted-development right.

Planning conditions

A planning permission granted when a house or estate was built may remove the right to erect front fences, walls or gates.

This is common on developments designed with open lawns, shared landscaping or clear visibility across driveways.

A fence only 60 centimetres high could therefore need permission if a condition requires the frontage to remain open.

Search the council’s planning history for the original permission and later approvals. The local search obtained when the property was purchased may also refer to relevant conditions, although the council’s current record should be checked.

Private rights: Planning permission is not the whole answer

Planning control and private property law are separate.

A restrictive covenant might prohibit fences, limit their height or require a particular design. A lease may require the freeholder’s or management company’s consent before a boundary is altered.

Those restrictions can apply even where planning permission is unnecessary.

Conversely, receiving planning permission does not:

  • authorise building on a neighbour’s land;
  • move the legal boundary;
  • override a restrictive covenant;
  • release a leaseholder from the lease;
  • permit damage to a neighbour’s fence or wall; or
  • allow a gate to obstruct a private right of way.

Check the title register and the transfers, conveyances or lease referred to in it. On an estate, management regulations and developer covenants may also be relevant.

A gate across a shared driveway may comply with the planning height rules but still amount to an unlawful interference with another owner’s access. See my guides to shared driveway rights and a neighbour blocking a right of way.

Do you need your neighbour’s permission?

Not ordinarily, provided the enclosure:

  • stands entirely on your land;
  • belongs to you;
  • complies with planning and other restrictions; and
  • does not interfere with your neighbour’s property or rights.

Nevertheless, discussing the proposal before removing an established boundary feature is usually sensible.

A planning authority does not determine the exact private boundary. Most Land Registry title plans show only general boundaries and should not be enlarged to decide whether a post is three inches too far to one side.

My guide to finding the legal property boundary explains the evidence that may be relevant.

In practical terms, photograph the existing posts, note the line and discuss it before the contractor arrives. A neighbour may be relaxed about replacing a tired fence but considerably less relaxed when the new concrete posts appear closer to their patio.

Can a neighbour object to a planning application?

Yes. If a planning application is made, the council may notify neighbouring properties and invite comments.

The neighbour does not have a veto. The authority decides the application under the development plan and other material planning considerations.

Relevant considerations can include design, materials, the street scene, highway safety, heritage, neighbouring amenity and whether the enclosure would appear unduly dominant or overbearing.

Private ownership, a possible reduction in property value and enforcement of a restrictive covenant are not ordinarily planning matters.

Can a neighbour stop a permitted-development fence?

They cannot prevent lawful permitted development merely by objecting to the council.

They may still have a private-law remedy if the fence trespasses onto their land, damages their property, breaches an enforceable covenant, obstructs a right of way or is attached to their structure without consent.

If the fencing proposal is becoming part of a wider disagreement, my guide to resolving neighbour disputes explains how to communicate, preserve evidence and avoid unnecessary escalation.

Do gates follow the same rules?

Yes. Gates fall within the same permitted-development class as fences and walls.

A tall gate beside a highway can therefore require planning permission even where the adjoining wall is lower.

Gateposts, pillars and ornamental features should also be included when considering the complete enclosure. Substantial brick piers cannot safely be ignored merely because the moving gate between them is below one metre.

What about creating a new driveway entrance?

The gate is only one part of the proposal.

Creating or widening a vehicular access may require separate planning permission, particularly where it opens onto a classified road. Permission from the highway authority will normally be needed to construct or alter a dropped kerb across a pavement.

A boundary structure within the permitted height does not authorise driving across a pavement without the required vehicle crossing.

Do fences need building-regulations approval?

An ordinary fence, wall or gate does not generally require building-regulations approval in England or Wales.

It must still be structurally safe. A poorly founded masonry wall can cause serious injury and legal liability even though no building-control application was required.

Retaining walls, walls supporting another structure and engineering work close to a road or building may require specialist advice.

A masonry wall standing astride the boundary can also be a “party fence wall” for the purposes of the Party Wall etc. Act 1996. An ordinary timber fence is not. See my guide to the Party Wall Act.

How can you obtain certainty before building?

Informal advice from the planning department can be helpful, but a telephone conversation is not always binding and may be difficult to prove during a later sale.

Where the position is genuinely uncertain, consider applying for a lawful development certificate for the proposed work.

If granted, the certificate formally confirms that the fence described in the application would be lawful without express planning permission.

A certificate can be useful where:

  • the height is close to the limit;
  • the property is on a corner;
  • it is unclear whether the enclosure is adjacent to a highway;
  • the ground slopes or has been altered;
  • an old planning condition may apply; or
  • future buyers are likely to request evidence.

The proposal must be described accurately. A certificate for a one-metre open fence in a particular position does not protect a 1.3-metre solid fence built closer to the road.

The Planning Portal explains how a lawful development certificate works.

How do you apply for planning permission for a fence?

Where permission is required, the application is made to the local planning authority. A domestic proposal will commonly use a householder application, although the correct form depends on the property and work.

The application will normally require a location plan, a site or block plan and drawings showing the position, length, height, design and materials of the enclosure.

Photographs and a streetscape drawing can be particularly helpful for a front or corner boundary. If the land slopes, the drawings should show the existing levels rather than depicting the site as conveniently flat.

The authority will assess the effect on matters such as:

  • the character and appearance of the property and street;
  • highway and pedestrian safety;
  • visibility at junctions and accesses;
  • heritage significance;
  • neighbouring amenity; and
  • relevant local design policies.

A refusal does not necessarily mean that no enclosure will be permitted. A lower structure, more open design, different material or improved visibility may resolve the concern.

You can identify the relevant council through the Government’s local council finder.

Unauthorised fences: Retrospective applications and enforcement

If the fence has already been erected, the first question is whether it actually required planning permission.

Where it complied with permitted-development rights, the owner may be able to provide measurements and photographs or apply for a lawful development certificate confirming the existing position.

If permission was required, a retrospective planning application can normally be submitted. It is assessed under the same planning policies as an application made before construction.

The fact that the fence is complete, was expensive or was erected for privacy does not create a right to approval.

If retrospective permission is refused and the authority considers enforcement expedient, it can require the enclosure to be removed, repositioned or reduced in height.

Planning enforcement is discretionary. Councils are generally encouraged to act proportionately rather than pursue formal action over a trivial breach causing no material planning harm. A fence affecting road safety, heritage or neighbouring amenity is more likely to justify intervention.

Does an unauthorised fence become lawful over time?

Potentially, but the relevant enforcement periods now differ between England and Wales.

In England, operational development substantially completed on or after 25 April 2024 is generally subject to a ten-year enforcement period. Development completed before that date ordinarily remains subject to the former four-year period under transitional provisions.

In Wales, the usual enforcement period for operational development remains four years.

These periods should not be treated as permission to wait out the council. Enforcement action, deliberate concealment and heritage controls can alter the position. Unauthorised work affecting a listed building is particularly serious and can amount to a criminal offence.

Anyone relying on immunity from enforcement should obtain formal advice and consider a lawful development certificate rather than merely saying that the fence has “been there for years”.

Do the same height rules apply to hedges?

No. There is no general planning rule limiting every hedge to one or two metres.

Planting a hedge does not ordinarily require planning permission, although a planning condition or covenant may restrict planting on an open-plan estate or within a visibility area.

A separate statutory process allows councils to consider complaints about qualifying evergreen or semi-evergreen high hedges. The hedge must be more than two metres high before that procedure can apply, but two metres is a threshold for making a complaint—not a universal maximum hedge height.

The complainant must also normally try to resolve the matter with the hedge owner before asking the council to intervene.

Frequently asked questions

Read more

The safest check before ordering the panels

Most garden fences do not require a planning application. The difficult cases tend to sit at the edges of the rule: corner plots, sloping gardens, raised patios, tall gates, listed buildings and boundaries close to roads.

Before committing to the work, establish:

  1. the total finished height, including the wall, gravel board, posts and trellis;
  2. the ground level from which the height will be measured;
  3. whether the proposed position is adjacent to a highway used by vehicles;
  4. whether a planning condition or Article 4 direction applies;
  5. whether listed-building or conservation-area controls are engaged; and
  6. where the private legal boundary lies.

The planning rules may tell you how high the fence can be. They do not tell you where your land ends, who owns the existing structure or whether the deeds allow the change.

Last legally reviewed: 24 August 2026

Disclaimer: This guide is based on general principles applying in England and Wales. It is intended for general information only and does not constitute legal or planning advice or create a professional relationship.

About the author, Clare Lowes

One response to “Planning permission for a fence: The 1-metre and 2-metre rules”

  1. […] photographs and measurements before removing anything. Read my guides to boundary fence rules and planning permission for fences before treating ownership, height and planning as if they were the same […]

Discover more from The Silver Brief | Property disputes and other practical legal guides

Subscribe now to keep reading and get access to the full archive.

Continue reading