A fence between properties cannot be designed solely around a preferred height. Once the boundary is established, check planning status, position, solid sections, ground levels and municipal requirements.
Consent depends on the actual position
Article 48 of the Spatial Development Act governs fences between regulated plots. For solid sections above 0.60 metres, it combines consent requirements with distance from a first-floor dwelling on neighbouring land. Where consent is absent, it permits a fence wholly within the developer’s plot subject to the relevant distance requirement. A neighbour’s refusal is therefore not a universal prohibition, but ownership does not authorise any wall.
The general rule permits height up to 2.20 metres above adjoining ground, with particular rules for level differences and street-facing fences. Land outside urbanised territories and unregulated areas follows a different regime. Measuring only from the higher garden may produce a wrong conclusion.
No investment design does not mean no permit
Article 147 identifies cases without investment-design approval, but this does not remove the building-permit requirement. Article 151 exempts certain light transparent fences and solid sections up to 0.60 metres within the property. Assess the actual construction rather than the label “decorative”.
If the dispute concerns the ownership boundary, a fence permit does not decide it. Clarify the boundary first. A structure retaining earth may also be a retaining wall with separate technical requirements.
This article is for general information only. It does not constitute or replace individual legal advice.