Fencing Act
What is the Fencing Act?
The Fencing Act 1978 has the sole purpose of providing a set of rules associated with building a fence on a common boundary. Understanding the law and knowing your rights and obligations will help you avoid problems and disputes between your neighbours about erecting a fence.

Setting up an Agreement with your Neighbour

If you want to build a fence or upgrade an inadequate fence that sits on a common boundary with a neighbour, there must be an agreement in place between the two parties.

Before setting out your plans to your neighbour, be prepared and make your proposal as realistic and practical as possible. Neighbours often don’t agree with your desired plan primarily because of impracticality, high financial cost, the fence design, or they might think there’s not really any need to put up the fence at all. Clarify your objectives and make sure that he/she understands your purpose of you wanting to put up the fence.
When there is a Disagreement with your Neighbour…
When you can’t reach an agreement for your home fencing plan with your neighbour, there’s a formal procedure that must be followed. This is when you “serve notice” on them where you write up your proposal in an agreement and send it to the neighbour, under the Fencing Act 1978, it must contain the following;

The names and addresses of both parties.
The type and description of the fence.
The length of the fence and how it is to be built.
The estimated costs of the fence and the materials needed.
What fence suppliers would the materials be purchased from.
The start date of the work.

It must also state that the neighbour has 21 days to object to any aspect of the proposal and may make a counter proposal.

There is a lot more to consider and it is advised to read the Fencing Act in its entirety so you are fully aware of your responsibilities, this is especially so for getting the most up to date swimming pool regulations if there is a pool to take into consideration.

View the Fencing Act pdf

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