Basic requirements for fences between sites: how to avoid neighbors' claims

  • Dec 13, 2020

Good afternoon, my reader. The rules governing the construction of fences between neighboring plots for individual housing construction and similar areas in gardening partnerships are somewhat different. Most often, this issue is agreed by their owners themselves. However, sometimes this can be problematic. In such cases, the installation of the fence must be done in strict compliance with the relevant building codes and regulations (SNiP).

Country cottage area. Illustration for this article is used under a standard license © ofazende.com
Country cottage area. Illustration for this article is used under a standard license © ofazende.com

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Fences on plots for individual housing construction

Fences between sites, the purpose of which is individual housing construction, should be erected in compliance with the following recommendations of SNiP:

  • if the fence is "transparent", then it should not have a height of more than 2.2 m;
  • "Blind" should not be higher than 0.75 m, however, if it is made of light-transmitting material, then the upper bar rises to 2.2 m;
  • volumetric fences (thicker than 5 cm) must be completely within the boundaries of the site whose owner is carrying out their construction;
  • if the design of the fence provides for the presence of a solid foundation, then the drainage must be carried out to the territory whose owner is building it;
  • the material should not contain elements dangerous for people and animals: barbed wire, pointed parts (lances).
But if a consensus is reached between the neighbors regarding the construction of a fence separating their plots, then it can be of any structure, height, thickness, as well as materials (from mesh-netting, boards and picket fence to polycarbonate, corrugated board or even concrete slabs).

In addition, some of these norms are advisory in nature, for example - the degree of "transparency" of the fence. It is possible to prove in court that it is insufficient and the fence shades the site only after an appropriate examination. And it is not so easy to conduct it. Most often, such cases are closed in court on the basis of reconciliation of the parties.

Fences in SNT

Each horticultural partnership has the right to establish for its members general requirements for all fences separating the plots: material, dimensions, design. Therefore, before construction, it is better to clarify that there are no such requirements in the Partnership.

In general, the construction of internal fences in SNT is regulated by the same rules as for plots for individual housing construction. The only distinctive recommendation of the law is that such fences should be "transparent": mesh or lattice, and no more than 1.5 m in height.

But if agreement is reached between neighbors to erect a fence of a different design, then, in fact, it can be anything. It is advisable to draw up such an agreement in writing and assure it in the administration of the Partnership. Then, legally, it will operate even after the change of the owner of one of the sites.

Country cottage area. Illustration for this article is used under a standard license © ofazende.com

Consequences of an inconsistent installation of a "blind" fence

If it was erected by the owner of one site without agreement with a neighbor (there is no written confirmation of consent), he has the right to demand its dismantling or design changes. In case of refusal to do this, the owner of the site, whose rights have been violated, has the right to go to court. True, he will need to present evidence of the validity of his claims, which should be confirmed by the conclusions of the appropriate examination. The trial itself can drag on and take a lot of effort and money from the plaintiff and the defendant. Therefore, before erecting a fence on the border with neighbors, it will not be superfluous to familiarize yourself with the recommendations of SNiP and comply with them.

Do you know the basic requirements for fences between sites?

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