Fence Height And Position

[malagabob]

I have read, a boundary fence must not be more than 2 mtrs high measured from ground level of your neighbours property. And that still is correct if the ground level is higher on your neighbours property than yours. What if the neighbour has decking. Is the fence measured from ground level or decking level. If decking level it could take the hight of the fence over 2 mtrs.
My neighbour has told me he is having a new fence erected whilst I’m away for a few weeks. Should I point out fence laws to him before I go away ie position of posts should be beyond my boundary, or trust his contractor knows boundary law. I’d hate to return and have to cause ill feeling pointing out fence is encroaching on my property.Thanks

[Old_Geezer]

Whilst having no legal expertise, I would have thought that the rule would not include the phrase, "a boundary fence must not be more than 2 mtrs high measured from ground level of your neighbours property", unless it was measured from the ground on the neighbours' side. Can see how decking qualifies as ground level. What if the decking was 10 metres high ?

You could make a friendly enquiry as to the details of the fence.

[bhg481]

// I’d hate to return and have to cause ill feeling pointing out fence is encroaching on my property //
In that case, don't. If it strays by a few inches it's no big deal compared with having to live next door with ill-feeling. The value of your property will not be affected unless some potential buyer's surveyor makes some very accurate measurements, which is most unlikely.
I can't recall having seen any regulations on the height of internal-boundary fences, just on those which are against public space.

[mallyh]

is he just replacing an old fence ?

[The Builder]

To use a classic legal term, Bob... Planning Law is "silent" when it comes to adjacent higher ground.
Decking isn't taken into account. It's the height from ground level.

Since it's next door's fence, then it must be assumed that the 2m is measured on HIS side. Thus making it higher than 2m on your side.

It must surely be measured on the owner's side. Otherwise... (silly scenario I know) what if you were on the edge of a cliff? Measuring from beach level would mean that it was way over 2m.

You could ring your local Planning Dept. but bear in mind that they will often assume the worst case, and play safe.

[Atheist]

The 2 metre rule relates to whether or not express planning permission is required. If it is required, then an application should be made and will be assessed on the basis of whether or not significant harm will arise from the fence's presence. Of course, the need for a planning application will involve cost and delay for the person who wants to build the fence, and may result in a refusal. It's only fair that you as a neighbour should point this out to them and suggest that they should follow the proper procedure by contacting the local planning authority for advice. If you feel strongly that the fence would cause you significant loss of residential amenity, then you should fight your corner; if not, then let them go ahead at their own risk.