How to check if a fence is within the exempted limits
Follow these steps:
- Measure the fence height from ground level, taking the higher ground level where the site is sloped
- Check whether the fence faces or adjoins a public road, which lowers the applicable exempted height
- Confirm whether the property is a protected structure or in an architectural conservation area
- Check the council's planning file for any condition on previous permissions restricting boundary treatments
- Compare the fence's actual height and position against the specific wording of Class 9
- Contact the council for a section 5 declaration if there is genuine doubt about whether the fence is exempt
A simple tape-measure check from several points, recorded with photographs, is usually enough to establish whether a fence is within the exempted height.
If a fence exceeds the exempted height
If you believe a neighbour's fence exceeds the exempted height and no planning permission has been granted, you can report the matter to the local authority's planning enforcement section, which can investigate and, where appropriate, require the fence to be reduced in height or removed. Retention planning permission may also be sought by the fence owner in some circumstances if it can be shown the excess height is acceptable.