The height of the fence: legal aspects and practical tips

When you want to put a fence on the plot, you must build it so that it complies with the provisions of the law in force in Poland. Whether you want a mesh, wood or concrete fence, you should pay special attention to the height of the fence and its fit to the existing buildings. How much should the height of the fence from the neighbor be and what to look for before starting work?

Construction law and the height of the fence: it is worth knowing about it

Polish construction law regulates many issues regarding the maximum height of the fence in the border of the plot. So before you choose the material and contractor, get to know the current regulations regarding the height of the fence. Remember that it should be safe, functional and aesthetic, and must not pose a potential threat to humans and animals.

Are you wondering what height of the fence without a permit is allowed in Poland? Check what the construction law says about the height of fences on private properties – you will find a lot of key information in:

• Art. 29. point 2, point 20 of the Construction Law,

• Section No. 2, Chap. 9. Regulation of the Minister of Infrastructure of 12.04.2002 on the technical conditions to be met by buildings and their location,

• Local Spatial Development Plans.

From the above acts you will learn that the height of the fence in the border should not exceed 220 cm, and below the height of 180 cm it is forbidden to place the wire.

Permissible height of the fence – check what MPZP says about it

Detailed issues related to the height of fences in Poland are regulated by local municipal resolutions, called MPZP (Local Spatial Development Plans) for short. MPZP contains precise guidelines, for example:

• what height can be the fence on your plot,

• what materials you can use to build a fence.

Remember that not all municipalities in the country have such resolutions, and where there are none, the aforementioned regulations apply . The height of the fence without the need to apply for a building permit can therefore not be more than 220 cm, and any deviation from this standard requires the consent of the local starosta.

What is the permissible height of the fence without a permit?

You already know that you can put a fence on the application when the maximum height of the fence does not exceed 220 cm and corresponds to the assumptions of the Local Development Plan. However, before you start fencing your property, remember that below 180 cm of the height of the fence without a permit there can be no dangerous elements, such as: barbed wire or razor blade.

220 cm is the maximum allowed height of the fence without notification – so if you plan to put a higher fence, you should first notify the office about the scope and dates of the planned investment. Prepare the application in writing, according to the template available on the municipality's website. Before you make your application, contact the clerk and ask how high you can put up a fence without applying for a building permit.

The height of a full concrete fence – what do the regulations of 2017 say?

A full fence is a type of fence that, unlike a grid or metal panels, tightly covers the plot. Most often it occurs in the form of concrete spans, and the maximum height of the concrete fence is 200 cm. According to the Polish construction law, amended in 2017, you do not need to have a permit from the starost or a representative of the commune to erect a concrete fence lower than 220 cm.

However, before you decide to order a fence from a manufacturer, carefully check whether the Local Plan allows you to make a fence from the material, which is concrete and prefabricated elements. Currently, in Poland, local authorities are increasingly introducing a ban on the use of the above building materials. A permit for a concrete fence or a brick fence will also be necessary in a situation where the fence acts as a retaining wall. Such a wall is created on the basis of an individual design and geological analysis of the soil.

Fence between plots, or how high can be the fence from the neighbor

It often happens that the construction of a fence between neighbors is often a serious problem and the cause of many years of conflicts. Polish regulations provide very generally about the maximum height of the fence of the property between neighbors. It is only known that it should not be higher than 220 cm and in accordance with the assumptions of the MPZP. In the light of the regulations, the consent of third parties for the construction of the fence is not required. Keep in mind, however, that too high a fence can irritate your neighbor.

If you want to avoid misunderstandings and disputes, before starting construction, determine the height of the fence of the plot from the neighbor's side, also taking into account his plans. Talk to the owner of the land, work out a compromise together, what height of the fence will suit both sides. During such a casual conversation, he may show that the neighbor would like to plant photophilous plants, and a high, full fence will completely prevent him from creating his dream breeding.