Construction of a fence by the municipal road

Do you want to build a fence on a plot located in the vicinity of a municipal or county road? Before you start assembly work, make sure that it will comply with applicable law. In our article we will present the most important legal aspects and guidelines on the distance of a private fence in relation to public roads.

Construction law and fencing from the road – amendment of 2017

In 2017, an amendment to the Polish construction law was introduced and the procedures for the construction of fences on private properties were significantly simplified. Thanks to the changes in the regulations, investors who want to build a fence lower than 2.2 m no longer have to declare their intention to build, but if the fence is located close to a municipal or district road, then the provisions of the Act on Public Roads of March 21, 1985 apply.

Article 43. The Act on Public Roads (Journal of Laws of 2016 , item 1440) contains detailed guidelines regarding the distances that you must observe when planning the construction of a fence on your property. According to the regulations, construction works (including fences) should be located at the following distances from the outer edge of the roadway of the municipal road:

• 6 m (in built-up areas of towns and villages),

• 15 m (outside built-up areas).

And what about the construction of a fence by the county road? In the case of county roads, the distances from the edge of the roadway are: 8 m in built-up areas and 20 m outside it. Any deviation from these guidelines and the construction of a fence on the county road closer than permissible are considered by the construction supervision as an arbitrary act – punishable by a fine or a dismantling order.

Fence by the municipal road and the need to report the construction

So what to do when you want to fence yourself, your plot is small, and the outer edge of the municipal road is closer than 6 m? Moving the fence deep into the property would significantly reduce the usable area, which is not in your interest. The solution is then the record contained in point 2. Article 43. Act on public roads.

According to the Act, in particularly justified cases (such as, for example, compact buildings  in a given locality) it is possible to apply for the consent of the road manager for the construction of a fence. The management body then examines your application individually, taking into account many factors, including the findings of the Local Spatial Development Plan. Along with the consent, you will receive detailed guidelines on the technical conditions that your fence should meet.

Construction of a fence from the side of the municipal road

Polish construction law clearly defines the rules you must follow when building your fence. Regardless of whether it will be in the vicinity of a municipal or county road, it is your responsibility to design it in such a way that it does not go outside the plot and does not pose a potential danger to people or animals in the vicinity.

In accordance with the Regulation of the Minister of Infrastructure of 12 April 2002. , at a height of less than 1.8 m, you can not use sharply pointed, protruding and dangerous structural elements, such as: barbed wire or razor blade. If, on the other hand, you want to build a retaining wall or structures higher than 220 cm around the property, you must obtain an appropriate building permit.

Fencing of the plot by the municipal road – how to plan the entrance to the property?

When building a fence by the municipal road, remember to take into account the provisions of chapter 9. Regulation of the Minister of Infrastructure of 12 April 2002 on the technical conditions to be met by buildings and their location. According to this Regulation, you should keep a minimum of 2.4 m of light in your gate and 0.9 m in the light of the gate.

Mount the moving parts of the fence, including: gates or swing gates, in such a way that they do not open to the outside, because it would be illegal and, above all, dangerous. In the light of entrance gates and wickets there must be no obstacles in the form of protruding rails or thresholds that could hinder the movement of disabled persons.

Before you build a fence by the municipal road – what is worth knowing about?

If you have doubts about where to place the entrance to your plot so that it does not interfere with the local road, consult the nearby municipal office and analyze the Local Spatial Development Plan, which contains a lot of valuable information about the buildings or planned investments allowed in the area.

A good practice, commonly used by many people before starting the construction of the fence, is to talk to a neighbor, who may also plan to erect a fence on the side of the municipal road and take joint action in a situation where the edge of the roadway is closer than 6 m from the border of the plots. Remember also to adjust the type and height of your fence to the already existing buildings – in this way you will contribute to the creation of a visually coherent, architectural whole.