Maximum fence height between properties?

I think its 6'6” or 2 meters without planning. With planning, high as they like.

I think 5ft is much more acceptable than 6ft, just in appearance and less oppressive. We've 5ft in our gardens (all of us have) and it's not an issue - seating area - you are sat. If you explain that 6ft would block considerably more light from your house, that's why you aren't happy. How about a lattice topper as a compromise.

IMO your opinion counts for nothing. They are allowed to put in a 2m fence between properties without any planning requirement so the only way you can object is directly to your neighbour. Maybe ask about a 5ft fence with some form of trellis to give them the feeling of privacy without affecting your morning light, but I'd expect that's about all you can hope for. And FWIW if they want they can put in a 5 foot fence to appease you then stick a row of 3m+ plants next to the new fence.

And FWIW if they want they can put in a 5 foot fence to appease you then stick a row of 3m+ plants next to the new fence.

Yes, I am aware that they could behave like that, or simply build a 6ft fence right next to the (what I assume is shared) 5ft fence just inside their boundary. I do hope it doesn't come to that though.

Generally 2 metres without needing permission including any trellis on top for garden dividers and 1 metre onto a road.
https://www.planningportal.co.uk/permission/common-projects/fences-gates-and-garden-walls/planning-permission
Could adding a foot of trellis be a compromise for you both? Worst scenario is the get the hump and plant a hedge of evergreens.
Edit: I think rules on hedges are less clear but you can complain if they are higher than 2.4m as far as I recall. Height restrictions don't apply to individual trees. I know this because one of our neighbours complained that 'blossom ruined her life' and complained to the council. The council officer tried not to laugh and pointed out that 100+ year old tree not overlapping the fence could stay put without issue.

Who is normally responsible for that fence, is it in the deeds?
I’d love someone to replace my fence for free and take ownership. Would save me loads of aggro every time the weather gets a bit extreme.
Ultimately they could just do what my parents did when someone built overlooking them. They planted tall stuff.
Obviously this is the opposite end of the problem but something to consider.

Edit: too slow

The view won't be protected but the right to light could well be (especially as you've had the existing light level for over 20 years). I'm not sure how it works if the amount of light is just reduced a bit though, presumably there's a minimum lux level the council would have to measure after the taller fence was put in - so much better if you can come to an agreement with your neighbour first.

6ft fence is pretty standard, not really a lot to object to. The opportunity here is to get your neighbour to replace the entire joint fence at their cost. If the posts need replaced that's a substantial cost these days for any decent szied garden.

I assume if you can see to their new seating area they could also see into your room, so the privacy thing works both ways

My parents had a similar issue. They accepted that they could not stop the neighbour putting up a higher fence so they offered to put window film on their windows. Parents didn't have a nice view to preserve and didn't want to look at a fence so no issue with using film, it allowed for light coming in and neighbour was happy as they got their privacy and didn't have to replace a fence.

Brume.co.uk do some nice designs of film, we have used them and been really pleased with the product.

If, in your case, it is this or staring at a fence, it might be a nice compromise. It also means you are working with a neighbour, rather than ending up with ill feeling.

Have you considered the noise intrusion if the seating area is close to your window (if it opens), would some sound reducing fencing work better for both of you ?

Your radio / music v their conversation / Bluetooth speaker ?

If they put the fence up how deep are your pockets?

And how good is your sulky face for the Daily Mail photo when you've sunk £50k into legal fees! 🙂

On a serious note - check the Land Registry documents - there is usually a little 'T' on boundaries - if this is your side then the boundary is your responsibility so he can't touch your fence. He could just put another behind it though.

My boundaries (in red)...
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Worth bearing in mind if they are raising the ground by more than 30cm for the deck / seating it’ll need planning

Another way to see it, depending upon the condition of the fence, is you are getting a brand new fence put in for free, and the loss of some light might be worthwhile. Fences aren't cheap.

Worth bearing in mind if they are raising the ground by more than 30cm for the deck / seating it’ll need planning

He did say they'd pop around with their garden designers to talk through their ideas so that's worth knowing thank you. *There is currently a raised area which could well be more than 30cm – I have no idea if planning was ever sought for it (or indeed if it was an original feature) as it was there before either our neighbours or ourselves moved in.

Yes, I am aware that they could behave like that, or simply build a 6ft fence right next to the (what I assume is shared) 5ft fence just inside their boundary. I do hope it doesn’t come to that though.

Can you compromise on the part next to the window being 5' and the rest 2m ? (maybe an open lattice on the 5' to make the tops line up ?

Its 2m. They are within their rights I'm afraid. and as they are paying can pick what they like.

You could offer to contribute to get a say in the matter otherwise I think you will just have to accept it

Can you compromise on the part next to the window being 5′ and the rest 2m ?

It's only the bit that overlooks our window they (or us for that matter) are bothered about though.

I am surprised there isn't any kind of rule about having fences that are higher than overlooking windows when they are so close (the fence is basically just over a wheelie-bins width away from our window).

Its 2m. They are within their rights I’m afraid. and as they are paying can pick what they like.

Assuming it's their fence...

Assuming it’s their fence…

Or they put up another one inside the boundary which, by the sounds of it, they are free to do.

I am surprised there isn’t any kind of rule about having fences that are higher than overlooking windows when they are so close

There are rules but they usually apply to the position of the windows. It's possible your window falls foul of these rules if it overlooks the neighbours.

There are rules but they usually apply to the position of the windows. It’s possible your window falls foul of these rules if it overlooks the neighbours.

I have no idea - it's an original window (although widened slightly at some point as I can see where an additional bit of Soldier Line has been added). I assume that, because the elevation of their house that we can see from the window has no windows in it, that was all part of the original plans.

1st you need to check whose fence it is as I have never heard of joint ownership of boundary.

1st you need to check whose fence it is as I have never heard of joint ownership of boundary.

I thought it was relatively common - a 'T' mark shows who owns the fence, a 'H' mark shows it is shared. Unfortunately our deeds don't show anything relating to this on any boundaries.

Our 1970s era title deeds state both the neighbour and I are jointly resposoble for erecting and maintaining a fence on the boundary

If it comes to it and you are going to lose your view, you could propose obscure glazing in your side window instead of a taller fence, then at least you'll still have light.

I’d love someone to replace my fence for free and take ownership. Would save me loads of aggro every time the weather gets a bit extreme.

Good luck with that! I’m fairly certain that many councils, certainly Wiltshire, have stopped taking responsibility for fencing because of escalating costs due to increasing number of storms and the damage they do.

Or they put up another one inside the boundary which, by the sounds of it, they are free to do.

Yes however there is a minimum gap from the actual boundary IIRC. That would help with the light levels, as well as some what cut into the area it sounds like they wish to use for seating.

if they are raising the ground by more than 30cm for the deck / seating it’ll need planning

There's a difference between what the letter of the law says and what planning departments can be bothered to enforce. I wouldn't expect much action from them unless it needs substantial retaining walls, affects neighbouring structured or impacts protected trees

Right to light?

Generally, any property having uninterrupted enjoyment of light for more than 20 years acquires rights to light. But that can be defeated if, before the expiry of 20 years, the light is obstructed for one year continuously

https://www.blbsolicitors.co.uk/blog/rights-of-light-explained/

Looks to me like you've a right to that light. So 5ft is a reasonable objection.

^ That's interesting thank you.

TBF, I would hope that our neighbour will look at this favourably for us as we have had to put up with almost two years of noise, vehicles constantly blocking our driveway and general nuisance at times (which they fully accept and have been apologetic about) and we haven't complained once.

When there is a step change at the boundary is the 2m measured from the high side or the low side?  If I understood the OP correctly his garden is slightly elevated compared to the neighbour - if its 5ft his side it might already be 6ft the neighbours side?

The other way to look at it - is if they "only" have a 5ft fence you'll be more aware of them in their garden and may feel kind of awkward using your garden when they are using theirs (especially if you've had an acrimonious discussion about it).  Add in having a conversation or playing some music quietly and suddenly you might be thinking about growing some tall plants yourselves!  I've had lovely neighbours next door but sometimes you want to enjoy your own space not their conversation etc.

If I understood the OP correctly his garden is slightly elevated compared to the neighbour

It's only elevated when we are inside the property as it naturally steps up. THe ground level outside is the same on both sides.

if they “only” have a 5ft fence you’ll be more aware of them in their garden and may feel kind of awkward using your garden when they are using theirs (especially if you’ve had an acrimonious discussion about it).

It's just a side entrance that we use in the winter mainly. If we are using the garden in the summer we use the bi-folds at the back of our house. The only way we would really be able to see them is if I stand right in the window and even now if I happen to be in that (little used) part of the kitchen and I see them in their garden, I move away so they don't feel like they are being watched.

The way the gardens are off-set and the general layout/where we get sun etc, we'd never, ever be over-looking each other – the only time I'd really see them is if I went out that way to get to the garage or put the bins out.

It’s only elevated when we are inside the property as it naturally steps up.

In that case I can see why your neighbour wants a slightly higher fence.

Pretty sure they can do 6' and you'll get no joy from right to light.

In that case I can see why your neighbour wants a slightly higher fence.

I see your point, however, even at the maximum permitted height, it won't stop us from being able to look out on them from the window or back door if we wished to (we get an even better view from our bedroom window LOL). All that would be achieved is that we lose light (the dog loves laying there in the morning) and we have to look at a fence rather than the trees and stuff.

You've a right to light. Tell 'em they can't have more than 5ft. It's not a planning thing (the bigger fence is permitted development) but it's a historically established right to light - and you've got 'em on that.

Don't have to be nasty about it, ofc. But it's your call to make, not theirs.

You’ve a right to light

You may have a right to light - proving it is not always easy. Can you document the amount of light entering that window for 20 years? Even if you do, that doesn't mean that you have a permanent right to all of the light that currently enters the house - if the remaining light level is deemed sufficient then it could be found that you still have "light", just less of it than before.

Ask your local building control what they would deem acceptable. It the stipulate the height of the fence can’t be increased then there is no arguement.

My new neighbour at the back put in a raised seating area that then looked down into my kitchen, living room windows but didn't want to pay for a higher fence for my privacy.They were quite happy to watch me in my house whilst sat in their deckchairs. I stood naked in my living room scratching my balls looking at them for a few days. New fence soon put up. No help to you but it's a pain when your neighbours can look into your house.

If the seating area is a newly laid hard surface they're going to need planning permission for that too.

Does an extra 1 foot of fence actually make that much difference to light levels? Presumably as the house is raised compared to the garden even with a 6ft fence you will still have a view out the window. Just a bit less of a view of the neighbour's garden.

We have a somewhat similar situation in that my neighbour built an extension out the back of his house with a kichen window looking onto our garden. This was before we moved in and possibly explains why the previous occupant of our house planted a Leylandii hedge between the gardens.

If the seating area is a newly laid hard surface they’re going to need planning permission for that too.

You're going to have to explain that one... Simply laying paved areas in a garden isn't something that I've ever known to need planning permission,as long as drainage is handled appropriately.

Does an extra 1 foot of fence actually make that much difference to light levels

it would be 1 1/2ft (2m is 6ft 6inches and the current fence is 5ft). Currently the top of the fence is around in line with the bottom of the window so another 18 inches would mean the top of the fence would be around halfway up the window so we’d lose lots of low sun especially in the winter months.

The problem here is that you have a house that, by design, has a window very close and looking out onto the property boundary. New windows in extensions under permitted development have to be obscure glazed to stop new windows overlooking adjacent properties.
Basically it's poor design/layout, that should have been picked up in the design/planning process, but house builders want to build as many properties as uniformly as possible to keep costs down, and no planning dept will ever have the resources to check each individual house type, orientation, layout on an estate-sized application.

Basically, keep being nice and hope for the best.

but house builders want to build as many properties as uniformly as possible to keep costs down, and no planning dept will ever have the resources to check each individual house type, orientation, layout on an estate-sized application.

that doesn’t really describe our situation, although I see what you’re saying

I know it's irrelevant to the OP but since @poly asked:

When there is a step change at the boundary is the 2m measured from the high side or the low side?

For any planning purposes heights are measured from the lowest point.

For any planning purposes heights are measured from the lowest point.

For buildings the height is taken from the highest point of the surface of the ground immediately adjacent. For fences I believe it is measured from the owners land. In this case if they build the fence on their land then it'll be measured from their garden.

For fences I believe it is measured from the owners land. In this case if they build the fence on their land then it’ll be measured from their garden.

I concur, when we put a fence up between ourselves and neighbour due to the arrival of a rescue dog he decided to call the police , then later we had a visit from a council inspector who measured it at a mere 5 ft on our side but 8 ft on his.
His appeal for right to light was thrown out due to the totally overgrown trees in his back garden that went right up to his back door( he used to have to crawl to his back gate on his hands and knees )

You’ve a right to light. Tell ’em they can’t have more than 5ft. It’s not a planning thing (the bigger fence is permitted development) but it’s a historically established right to light – and you’ve got ’em on that.

Yeah..... no, you haven't "got 'em"

Right to light is a calculation and based on the previous amount of light that could enter the window - you have a right to a % of that original amount.... not all of it.

If I was the OP I'd just let them do it - it may be a little annoying for a short while but they have every right to go to 6' and privacy works both ways.  You would get a nice new fence and more privacy.  Maybe be thankful they aren't putting up a shed that could be considerably higher within PD.

Get arsy with the neighbour and you may find they plant a nice tree in the garden which you could do nothing about - not even right to light (which is really about buildings not fences). But then at least you'd get to look at a tree!

You would get a nice new fence and more privacy.

We don't care about more privacy - what they can see is a bit of kitchen (that is away from the active part, ie, prep area, sink, cooker, fridge, dishwasher etc) and a door. All they are likely to see are people fleetingly walking past. And the current fence intertwined with lots of lovely ivy is perfectly fine.

Get arsy with the neighbour and you may find they plant a nice tree in the garden which you could do nothing about

Hopefully, it won't come to that – we are on very good terms with them and I am sure they won't want to have a fall out just like us.

Also, and I don't know if this helps, as I said before - the fence is the original fence from when the house was built in the mid 80s, and it is 5ft down the side of the house (where our window is) then rises to 6ft when it is past the house and into the main garden area. I am sure there must have been a reason for this at the time and I wondered if it was anything to do with the fact we have that window there.

For buildings the height is taken from the highest point of the surface of the ground immediately adjacent. For fences I believe it is measured from the owners land. In this case if they build the fence on their land then it’ll be measured from their garden.

Well that's completely contrary to Scottish planning regs then.