Does a new build house need a back/bottom fence?

  Brumas 17:32 26 Jun 16
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Answered

I suppose only by ringing the Planning department/Land registry will I know for sure but I thought I might ask in case other members have been in a similar situation.

Our bungalow has a burn at the foot of our back garden and across the burn there is a newly built house, which has been for sale for four or five months, and that house does not not have a bottom fence.

Fortunately by judicious planning I have established quite a good hawthorn hedge (only four foot high mind) on my side. This combined with the self seeded saplings on the other side of the burn affords some privacy but it is not 100% and I can see their backdoor quite plainly and, of course, they can see mine! I do not like my privacy violated as it were.

What attracted us to this bungalow in the first place was because across the burn, behind a straggle of trees was an old fashioned country garage stretching across three house widths - complete privacy. When they pulled it down they also cut down the trees which fortunately have come away again.

Getting to the point, does a newly built property, which faces an established dwelling need, by law, to have a back fence?

I would have thought it does as their garden runs down to the burn, as mine does!

  wee eddie 17:44 26 Jun 16

I can't imagine that it does. One assumes that the burn defines the limit of their property

  BRYNIT 17:55 26 Jun 16

Found a UK web page on Garden Law. Have a read of Animals - a duty to fence also Planning Restrictions CLICK HERE

  Forum Editor 17:56 26 Jun 16

I am not aware of any law which says that a privately owned property must be fenced. In fact, many houses - especially those built on estates - come with a restrictive covenant expressly forbidding the erection of fences at the front.

Putting up fences is a convention, originally brought about mainly by the desire for privacy, and to delineate the extent of an owner's property. The advent of the Land registry largely did away with the need for fences, as each property's boundaries are recorded.

I doubt that you can do anything about the new house, apart from putting up your own fence if you feel you need more privacy. You may need planning permission to plant a hedge, so it's worth checking with your Local Authority.

  Brumas 18:02 26 Jun 16

Thanks all, duly noted and digested.

  Forum Editor 18:15 26 Jun 16

The duty to fence mentioned by BRYNIT only applies if you keep livestock on the land.

  lotvic 16:40 27 Jun 16

Did you not get the opportunity to view/comment/object on the building plans when they were submitted to council for approval?

  Brumas 16:51 27 Jun 16

lotvic, I did and protested that they were going to be four houses and not three bungalows, I was so angry at the time I did not get around to scrutinising the plans for boundary fences etc.

I even asked if the trees growing between the garage and burnside would be safe but couldn't get a straight answer.

As I type this I am expecting a call-back from the Duty Planing Officer, I phoned at 14;30 so I am not holding my breath!!

  bumpkin 19:01 27 Jun 16

What is a burn in the context of this question.

  Forum Editor 19:36 27 Jun 16

bumpkin

It's a stream.

  bumpkin 21:17 27 Jun 16

Thanks, I have not heard the term before.

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