A high fence between neighbors can result in a fine: in which cases it will be forced to be dismantled
Owners of private houses have the right to fence their land plots, but the law sets clear restrictions on the height of fences. If the fence exceeds the established norms and causes inconvenience to neighbors, its owner may be required by court to dismantle or reduce the height of the structure. In addition, for violating improvement rules, the legislation provides administrative liability in the form of a fine.
What height can a fence between neighbors be
The requirements for the height of fences for private households are defined by state building codes, in particular the DBN regarding planning and development of territories and the DBN on territory improvement. At the same time, local self-government bodies may approve additional construction rules that apply within a specific community.
General norms provide that:
- between adjacent land plots, the fence height must not exceed 2 meters;
- on the street side, a fence up to 2.5 meters high is allowed.
The law allows higher fences only for certain categories of objects. In particular, fences 3–4 meters high may be installed around chemical enterprises, and 2.5–3 meters high around military facilities. For ordinary private houses, such exceptions are not provided by law.
Is it possible to legalize an excessively high fence
The legislation does not provide a separate procedure that would allow legalizing a fence whose height exceeds the established norms.
If the fence violates building code requirements and creates obstacles or inconveniences for neighbors, this may be considered a violation of good neighborly relations. In such cases, neighbors have the right to go to court.
Based on the case review, the court may require the owner to dismantle the fence or bring it into compliance with the established height requirements.
What fines are provided for violations
Besides court disputes, the fence owner may be held administratively liable.
According to Article 152 of the Code of Ukraine on Administrative Offenses, for violating the rules of settlement improvement, the following fines are provided:
- for citizens — from 340 to 1360 hryvnias;
- for officials and individual entrepreneurs — from 850 to 1700 hryvnias.
The decision to impose an administrative penalty is made by administrative commissions at the executive bodies of local councils.
What to consider before installing a fence
Before building a fence, private house owners should check not only the requirements of state building codes but also local construction rules, if such are approved in the respective community. This will help avoid conflicts with neighbors, court disputes, demands for fence dismantling, and administrative fines.
Earlier, the Supreme Court also expressed its opinion regarding good neighborly relations in a dispute about installing a video surveillance camera between neighbors. The court concluded that the mere presence of a camera is not a violation of rights unless it is proven that it actually interferes with private life or otherwise violates the neighbor's rights.
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