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

A new fence ought to be a simple home improvement. You choose the panels, agree a date with the installer and finally gain a little more privacy from the road or the garden next door.

Unfortunately, the planning rules become much less simple when the fence is near a pavement, the garden is on a corner, the ground slopes or the property is listed. A few extra centimetres of trellis can also turn permitted development into work requiring an application.

The broad rule is that you can usually erect a fence, wall or gate without applying for planning permission if it is no more than one metre high beside a highway used by vehicles, or no more than two metres high elsewhere.

Those figures are only the starting point. Listed buildings, conservation areas, planning conditions, Article 4 directions and private property rights can all change the position.

During my years in legal practice, I learned that fence disagreements rarely begin with anyone intending to break the law. More often, somebody assumes that six-foot panels must be acceptable everywhere, or a contractor measures from the more convenient side of a sloping garden. The problem becomes apparent only when a neighbour contacts the council.

This guide explains the rules applying in England and Wales.

For the wider law on ownership, repairs and neighbour disputes, see Boundary fence rules UK: Ownership, height limits and neighbour disputes.

Quick answer: Do I need planning permission for a fence?

You will not normally need to apply for planning permission if:

• the fence, gate or wall is no more than one metre high where it is adjacent to a highway used by vehicles;
• it is no more than two metres high elsewhere;
• no special listed-building restriction applies;
• the permitted-development right has not been removed by a planning condition or Article 4 direction; and
• an existing enclosure that already exceeds the normal limit is not being made higher.

In England, the one-metre rule also expressly applies beside the footpath of a highway used by vehicles. The same broad one-metre and two-metre limits apply in Wales.

Anything above the relevant limit normally requires planning permission. “Normally” matters because maintaining or replacing an existing taller enclosure without increasing its height may be permitted in some circumstances.

What counts as a fence for planning purposes?

The permitted-development rules cover a:

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

That is wider than an ordinary row of timber panels. Railings, privacy screens, trellis and decorative boundary structures may also be treated as part of the enclosure.

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

A retaining wall can raise additional questions because its principal function may be to hold back land rather than merely enclose it. Substantial retaining work may involve separate planning, engineering and structural considerations. It should not automatically be treated as an ordinary garden fence.

The one-metre rule beside a highway

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

One metre is approximately 3 feet 3 inches.

The rule commonly affects:

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

In England, the legislation also refers to the footpath of a highway used by vehicular traffic. A pavement beside a road therefore falls within the rule even though vehicles do not drive on the pavement itself.

Does the rule apply beside every public footpath?

Not necessarily. The statutory wording is not simply “any public footpath”. In England, it refers to a highway used by vehicular traffic or the footpath of such a highway.

An isolated pedestrian footpath, away from a road used by vehicles, does not automatically attract the one-metre limit under that particular wording. Other planning or safety controls may nevertheless apply, especially in conservation areas or where permitted-development rights have been removed.

Where the status of a path is uncertain, ask the local planning authority rather than relying on its appearance.

What does “adjacent to a highway” mean?

There is no universal distance in metres.

A fence does not necessarily have to touch the pavement or road to be adjacent to it. Planning decisions have treated adjacency as a question of fact and degree: the closer and more closely related the fence is to the highway, the more likely the one-metre rule is to apply.

This is particularly important on corner plots. A side fence may be several feet behind the pavement yet still appear as part of the highway boundary.

A hedge or narrow verge between the fence and pavement does not automatically prevent the fence from being adjacent.

Does the rule apply beside a private drive?

A private driveway is not necessarily a highway.

The answer depends upon the legal status and public use of the route, not merely whether vehicles travel over it. A private shared access may also be affected by rights of way, covenants or visibility requirements even where the statutory one-metre highway rule does not apply.

The two-metre rule elsewhere

Away from a highway used by vehicles, a fence, wall or gate can normally be up to two metres high without a planning application.

Two metres is approximately 6 feet 6¾ inches.

The two-metre rule commonly applies to:

• rear-garden boundaries;
• side boundaries between neighbouring gardens;
• internal garden divisions; and
• boundaries adjoining other private land.

The rule does not mean that every two-metre fence is lawful in every respect. The structure must still remain on the correct land, and separate restrictions may arise from the deeds, a lease, a planning condition or the listed status of nearby property.

How is fence height measured?

Fence height is measured from ground level to the highest part of the enclosure.

For a straightforward fence on level ground, that is usually simple. It becomes more difficult where:

• one garden is higher than the other;
• the land slopes along the fence;
• the fence stands on top of a wall;
• the ground has been raised with soil or decking;
• a retaining structure is involved; or
• different parts of the fence have different heights.

The existing article says that height is always measured from the highest ground level on either side. That is too broad.

Planning decisions generally focus on the ground level on which, or immediately beside which, the fence is erected. On uneven ground, the highest part of the adjacent ground may be relevant, but artificially raising the land merely to obtain a more favourable measurement may not be accepted.

A fence may therefore be under two metres when measured from one point but exceed it further downhill.

Where the measurement is close to the limit, obtain the planning authority’s written view or apply for a lawful-development certificate. Do not rely solely on the installer saying that “six-foot-six is always allowed”.

Does trellis count towards fence height?

Yes. The safe assumption is that the complete fixed enclosure is measured together.

For example:

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

That will normally exceed the two-metre permitted-development limit.

The same principle may apply to:

• decorative lattice;
• privacy screens;
• solid infill panels;
• ornamental tops;
• fixed reed or bamboo screening; and
• railings installed on top of a wall.

Calling something decorative, lightweight or removable does not create a general exemption.

A row of plants or a living hedge is treated differently, although planning conditions and covenants can still control planting. See Hedge law UK: Neighbour rights, height rules and disputes.

Can I replace an existing tall fence?

An existing fence, gate or wall that already exceeds the normal one-metre or two-metre limit may generally be maintained, improved or replaced without planning permission provided that its height is not increased.

The permitted-development rules expressly recognise an existing enclosure’s former height.

That does not mean every old tall fence should automatically be treated as unquestionably lawful.

Before replacing it, consider:

• whether the original enclosure had planning permission;
• whether it has existed long enough to be immune from enforcement;
• whether a planning condition or Article 4 direction applies;
• whether listed-building or conservation-area controls are involved; and
• whether the replacement differs materially in design, position or impact.

A solid two-and-a-half-metre wall may have a different planning effect from an old open trellis of the same nominal height.

Photograph and measure the existing fence before removing it. Once it has gone, proving its former height and position may be difficult.

Can I increase the height of an existing fence?

You can increase it only to the permitted-development limit without applying.

A 1.5-metre rear fence can ordinarily be raised to two metres, provided no special restriction applies.

A two-metre rear fence cannot normally be raised to 2.3 metres without planning permission. Adding trellis counts as increasing the height.

A roadside wall already one metre high cannot ordinarily be increased under the standard permitted-development rule merely because six-foot fences are common elsewhere in the street.

Do gates follow the same height rules?

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

A tall gate beside a road can therefore require permission even where the adjoining fence is lower.

Gateposts, pillars and ornamental features may also be treated as part of the enclosure. A pair of substantial piers should not be ignored when considering the overall proposal.

Creating a new vehicular access is a separate issue. Even if the gate itself falls within the height limit, permission may be required to form a new access onto a classified road or to install a dropped kerb.

What changes for a listed building?

The position is more restrictive than the existing article suggests.

In England, the normal permitted-development right does not apply where the work would be within the curtilage of a listed building or affect a gate, fence, wall or other enclosure surrounding one. The official Planning Portal guidance also warns that the exclusion may apply where the boundary involved adjoins a neighbouring listed building or its curtilage.

Separate listed-building consent may be required where the work would affect the special architectural or historic interest of a listed structure.

This can include historic walls, railings and gates that are protected as part of the listing, even though they look separate from the main house.

The legal framework in Wales is now principally consolidated in the Historic Environment (Wales) Act 2023. Works affecting a listed building or its protected character require particular care and may need listed-building consent as well as planning permission.

Do not assume that replacing an old wall with a modern timber fence is merely routine maintenance because the replacement is the same height.

What changes in a conservation area?

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

The ordinary permitted-development limits may still apply unless an Article 4 direction, planning condition or another restriction has removed them.

The more easily overlooked issue is demolition.

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

• at least one metre high beside a highway, waterway or open space; or
• at least two metres high elsewhere.

There are exemptions, and the position should be checked before demolition begins.

Wales has its own current statutory framework for controlling demolition in conservation areas. Check with the relevant planning authority before removing an established wall, gate or fence that may contribute to the area’s character.

This matters because a homeowner may be entitled to erect a modest replacement but still need permission to demolish the historic enclosure already there.

What is an Article 4 direction?

An Article 4 direction allows a local planning authority to withdraw specified permitted-development rights.

Where a direction covers fences, walls and gates, work that would ordinarily fall within the national height limits may still require a planning application.

Article 4 directions are often used in conservation areas, historic streets and planned estates where open frontages or consistent boundary treatments contribute to local character.

The property search undertaken when the house was purchased may mention the direction, but it is safer to check the council’s current planning records.

The existing link explaining withdrawn permitted development rights remains useful.

Can a planning condition prevent a fence?

Yes. A permission granted when a house or estate was built may include a condition removing the right to erect front fences, walls or gates.

This is common on open-plan developments, where front lawns and shared landscaping were intended to remain visually open.

The fence may be comfortably below one metre yet still require planning permission because the original condition remains in force.

Planning conditions are separate from restrictive covenants. A property can be affected by one, both or neither.

What about restrictive covenants and leases?

Planning permission and private property rights are separate.

A restrictive covenant may prohibit fences, require a particular material or limit their height. A lease may require the freeholder’s or management company’s consent before any boundary alteration.

Those restrictions can apply even where planning permission is unnecessary.

Conversely, obtaining planning permission does not remove a covenant, override a lease or authorise trespass. Government planning guidance confirms that permitted-development rights do not displace separate consent regimes or private rights.

Someone considering a new fence should therefore check:

• the title register;
• relevant transfers or conveyances;
• the lease, where applicable;
• estate regulations;
• previous planning permissions; and
• planning conditions affecting the property.

Do I need my neighbour’s permission?

Not ordinarily, if the fence:

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

Nevertheless, discussing the work first is usually sensible, particularly where an old boundary feature is being removed.

A planning authority does not decide the exact legal boundary. Most Land Registry title plans show only general boundaries, and the red edging should not be scaled up to establish the precise line on the ground.

Read Property boundaries in England and Wales: a practical guide to your rights before positioning a new fence where the line is uncertain.

In practice, I would photograph the original posts and agree the intended line before the contractor starts. A neighbour may be perfectly relaxed about replacing a tired fence but much less relaxed when the new posts appear several inches closer to their patio.

Can a neighbour object to my planning application?

Yes. Where a planning application is required, the council may notify neighbours and invite comments.

A neighbour does not have an automatic veto. The council must make its own decision under the development plan and other material planning considerations.

Relevant matters may include:

• the fence’s design, materials and appearance;
• its effect on the street scene;
• highway visibility and safety;
• heritage impact;
• whether it appears overbearing; and
• its effect on neighbouring residential amenity.

Private ownership disputes, loss of property value and the enforcement of a private covenant are not generally matters for the planning authority to decide. Planning is concerned with land use in the public interest rather than resolving private title disputes.

A neighbour can therefore object successfully on valid planning grounds, but not simply because they dislike fences or believe the applicant should pay for another boundary.

Can my neighbour stop a permitted-development fence?

A neighbour cannot prevent lawful permitted development through the planning system merely by objecting.

They may still have a private-law remedy if the fence:

• crosses onto their land;
• removes or damages their property;
• breaches a covenant they can enforce;
• interferes with a right of way;
• creates an actionable nuisance; or
• is attached to their wall without permission.

Planning compliance is not a defence to trespass.

Do fences need building-regulations approval?

Ordinary fences, walls and gates do not generally require building-regulations approval.

They must nevertheless be structurally safe. A poorly founded wall can cause serious injury and may create liability even though building control approval was unnecessary. Official guidance in both England and Wales emphasises that these structures should remain sound and properly maintained.

A masonry wall astride a boundary may also be a “party fence wall” under the Party Wall etc. Act 1996. An ordinary timber fence is not.

How do I obtain certainty before building?

Informal advice from the planning department may be helpful, but it is not always legally binding.

Where the position is genuinely doubtful, you can apply for a lawful-development certificate for the proposed fence. If granted, the certificate formally confirms that the work described would be lawful without an express planning permission.

A certificate may be worthwhile where:

• the fence is close to the height limit;
• the property is on a corner plot;
• it is unclear whether the boundary is adjacent to a highway;
• the ground slopes or has been altered;
• an old planning permission may have removed permitted-development rights; or
• future buyers are likely to ask for evidence.

You can find the relevant authority through your local planning department.

How do I apply for planning permission for a fence?

Where permission is required, submit a householder or other appropriate planning application to the local planning authority.

The application will normally need:

• a location plan;
• a site or block plan;
• drawings showing the fence’s position, length and height;
• details of the materials and design; and
• the application fee, where one applies.

Photographs and a clear streetscape drawing can be particularly helpful for a front or corner fence.

The authority will assess the proposal against national and local planning policy. A refusal does not necessarily mean that no enclosure will be allowed. A reduced height, more open design or improved visibility splay may address the objection.

What if the fence has already been built?

Do not assume that the council will immediately require its removal.

The first question is whether the fence actually needed planning permission. If it was permitted development, the owner may be able to establish that through evidence or a lawful-development certificate.

Where permission was required, the owner can sometimes submit a retrospective planning application. It is assessed in the same way as an application made before construction. The fact that money has already been spent does not entitle the owner to approval.

If permission is refused and the council considers enforcement expedient, it may require the fence to be removed or reduced in height.

Planning enforcement is discretionary. Councils are advised not to take formal action over a merely trivial or technical breach causing no material planning harm, but serious effects on highway safety, heritage or neighbours may justify action.

Unauthorised work to a listed building is much more serious and can amount to a criminal offence.

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. Operational development completed before that date generally remains subject to the former four-year period under the transitional rules.

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

These are not safe waiting periods. Deliberate concealment, enforcement action, listed-building controls and other exceptions can alter the position. Anyone relying on immunity should obtain a lawful-development certificate rather than simply asserting that the fence has “been there long enough”.

Do the same 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.

A planning condition or covenant may nevertheless prohibit planting, particularly on an open-plan estate or near a visibility splay.

A separate statutory procedure allows councils to consider complaints about qualifying evergreen or semi-evergreen high hedges over two metres. Two metres is a threshold for that complaint process, not a universal hedge-height limit.

See Hedge law UK: Neighbour rights, height rules and disputes for the full position.

Frequently asked questions

The safest check before ordering the panels

Most garden fences do not need a planning application. The problems tend to arise at the edges of the rule: corner plots, raised gardens, tall gates, listed buildings and boundaries close to roads.

Before ordering anything, establish four things:

1. the total finished height, including trellis;
2. the relevant ground level;
3. whether the boundary is adjacent to a vehicular highway; and
4. whether any condition, Article 4 direction or heritage restriction applies.

Then check the boundary itself.

The planning rules may tell you how high the fence can be. They do not tell you where your land ends.

Last legally reviewed: 23 July 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Planning laws and local interpretations can change. Always confirm with your Local Planning Authority before starting work.

About the author, Clare Lowes