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Height of fence
Anonymous user 01/09/2026 - 8.46 AM
My neighbour is replacing the fence in between our two houses. The fence was optionally on a slope. They've levelled up their garden and put in a new fence to ground level on their side which means it doesn't reach my garden at the bottom. This is leaving a gap of 55 to 60 inches nearest to my house. Is this legal? Where do I stand?
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3 Answers
Sean Scorgie
No reviews yet
Depending on you local regulations but in Scotland Unless they have planning permission it should be lower then 8ft from the ground and they can’t leave you with the ugly side of a fence (the slats either have to be on you side of on both sides and they can’t leave it unsightly at the space below the level they have brought there garden to . Hope this helps
Answered1 September 2026
0
Mohammed
Rating: 4.6 out of 5
I’m not a solicitor, but I’d suggest checking your title deeds and the exact boundary first. If your neighbour has raised the level of their garden and the new fence no longer closes the gap on your side, there may be issues beyond just the fence itself, especially if the change in ground level is affecting your property, drainage, or stability.
I’d take clear photos and measurements, check the property plans/title deeds, and consider speaking to the council planning/building standards department or a property solicitor before doing anything to the fence. I wouldn’t assume it’s legal or illegal without seeing the boundary and how the ground levels have been changed.
Answered1 September 2026
0
Freeland fencing & garden service
Rating: 4.4 out of 5
A fence between rear gardens can normally be up to 2m high without planning permission, measured from ground level. However, in this situation the significant change in ground levels is important. If your neighbour has raised or altered their garden level and this has resulted in a gap of around 55–60 inches on your side, I wouldn’t assume the installation is acceptable simply because the fence measures 2m from their side. The change of levels, any retaining structure and the boundary itself would need to be considered. I would first speak to your neighbour and, if it cannot be resolved, contact your local council’s planning department with photographs and measurements. They can confirm whether the works required planning permission or whether any enforcement issue arises. From a fencing point of view, a gap of nearly 5ft beneath a boundary fence is certainly not what I would regard as a normal finished fence installation.
Answered1 September 2026
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