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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We had an existing garden fence 6 foot high with trellis on

Customer Question

We had an existing garden fence 6 foot high with trellis on fop making it 7 foot in height. We have new neighbours who have moved in and are raising their patio by approximately 2 foot which means that the fence on their side has become 4 foot and means that they can now look over into our garden and dining room causing us loss of privacy. We have taken down the fence and replaced it with a new fence which is 8 foot in height on our side and 6 foot 4inches on their side. We have replaced the trellis and this has increased the height by six inches, therefore eight foot fence and 6 inches of see through trellis. Our neighbour has told us that we have to take the trellis down as the height can only be 8 foot. This all seems rather churlish for 6 inches of see through trellis. Could you please clarify if we have to reduce the height by 6 inches and if so bearing in mind that he has increased the height of his patio if it has to be reduced can we reduce the bottom of the fence rather than the top?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

You are entitled to have a fence that is 2 meters high without planning permission

Alex Watts :

If your fence is within the height limits set by your local authority, when measured from the ground on which it stands (not from the level of the ground on your side of the fence).

Alex Watts :

Therefore if he has raised the height of his patio and the fence is MORE then 2 meters from the ground on which is stands, you will need planning permission

Alex Watts :

Can I clarify anything for you about this today please?

Expert:  Ash replied 3 years ago.
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