Notification of the construction of a fence

In Polish law, formal issues related to the construction of the fence still leave many questions. The owners of the plots, deciding to erect a fence, are looking for guidance and reliable knowledge about the procedures for its notification. In our article, we present some hints on what they are and what are the formalities involved in the construction of the site.

When is it not required to report the construction of a fence?

The construction of a fence on private property is not an obligation, but a voluntary action taken by the owners of plots of land to secure property and protect the property. According to Art. 29 of the Polish Building Law, the construction of an ordinary fence, for example, of mesh, panels or banners, the height of whichdoes not exceed 220 cm, has not required notification for several years.

In the case of planning the construction of a fence with additional protection, in the form of barbed wire, it is worth remembering that according to § 41 – 43 of Chapter 9. Regulation of the Minister of Infrastructure of 12 April 2002, such materials may not be used at an altitude of less than 1,8 m.

What do I need to know before reporting the construction of a fence?

Fences higher than 220 cm or planned in the form of an armed retaining wall require ex officio authorization. Before starting the project work, it is worth consulting the location of the entrance gate in the old town or municipality and making sure that its location does not interfere with the local zoning plan and the projected investments. It may turn out that the municipality wants to widen the road lane – then the project should include the transfer of the fence line.

Design and construction work should also be preceded by consultation with the owners of neighbouring plots. To avoid disputes in the future, it is worth renting a surveyor who will measure the land and, if necessary, renew the border posts. If the neighbors will not be interested in a common fence, the fence should not cross the border of the plot.

Model application for the construction of a fence

A model application for the construction of the fence can be found on the websites of local authorities and it is available as a file, ready for download. This is a simple document in which you must include data such as:

• investor information (contact details),
• the dates of the planned start of works (including the demolition of existing facilities),
• scope and method of execution of planned works (description of the type of construction, the material used, the wall).

Depending on where the plot is located, you should look for a model application on the pages of the old town or the website of the voivodeship of the province. An example of a model for the construction of a fence in łódź province:

The application for a permit for the construction of a fence must be accompanied by a hand-readable signature and attached: legal title to the property, drawing or map with a plan for the location of the fence and technical design of the fence. A sketch of the fence for submission can be made by the owner of the plot. Officials have 30 days to refer to the letter, and if they do not object or comment within a month, construction works can begin.

Notification of a fence from the side of the road

In the case of high road side fences exceeding220 cm, a model applicationapplies, which must then be submitted to the local authority. If the fence is planned in the vicinity of the road lane, is less than 220 cm high and does not constitute a monolithic structure, construction usually does not require a permit – however, it is worth taking into account the specificity of the plot and its location relative to the road.

Although the construction of a fence of less than 1.8 m does not need to bereported, it is in accordance with Article 43. The Act of 21 March 1985 on public roads, urban and rural development should retain the following spacing of construction works , including a fence:

• from the expressway: 20 m,

• from the public national road: 10 m, provincial road: 8 m,

• from a public local, municipal or company road: 6 m.

The intention to build a fence should therefore be discussed with the local road manager in case of doubt in order to avoid misunderstandings and even accusations of construction will in the future. You can also ask the municipality to specify the conditions for the construction or renovation of the fence in relation to the municipal road lane. Such documentation, developed by the road administrator, is a valuable source of information on how to build a fence legally.

Fence design to be submitted

When the fence exceeds a height of 220 cm or is a wall, a design must be attached to the application form, including a projection of a single span with its dimensions: height, width, thickness and any additional details such as barbed wire or ornaments. The figure should also include the planned distance from the boundary line of the parcel or lane.

Many landowners who want to put a fence on their plot do not know how to perform the technical design of the fence. For this purpose, it is worth to turn to a trusted company, such as Lodz STAL,which is engaged in the production and sale of mesh and panel fences. In case of problems with the execution of the sketch, the manufacturer of the fence can make the span parameters and dimensions available, which will make it easier for the investor to prepare an application for permission to build a fence.