Before installing a fence between your property and your neighbor’s, discuss it with them. A joint project is the best way to avoid a neighborhood dispute. You have two options:
- Private fence: If you finance it alone, it must be installed entirely on your property, just inside the property line. Be aware that any encroachment onto the neighboring property is an infringement of their property rights.
- Shared fence: Installed straddling the boundary between the two properties, it requires your neighbor’s agreement. This agreement must be formalized through a shared ownership agreement signed before a notary. The main advantage is that construction and maintenance costs are shared.
In all cases, if the boundary between the properties is unclear, boundary marking by a licensed surveyor is recommended. Additionally, your fence must not cause unreasonable neighborhood disturbance, such as excessive loss of sunlight.
What Height for Your Fence?
Height regulations depend on your municipality. Contact your town hall’s planning department to consult the Local Urban Plan (PLU). If a PLU exists, you will need to file a prior declaration of works.
In the absence of local regulations, the Civil Code applies:
- Maximum height of 3.20 m in towns with 50,000 inhabitants or more.
- Maximum height of 2.60 m in other municipalities.
Important point: if your properties are on a slope, the height is always measured from the lower property.
What Type of Fence Should You Choose?
The choice will depend primarily on your budget and intended use.
- To preserve your privacy: Privacy panels in wood, composite, or PVC are a suitable solution.
- To simply mark boundaries: Wire mesh is sufficient. Flexible mesh is ideal for sloped or uneven terrain, while rigid mesh is better suited to flat ground. You can add a privacy screen to shield yourself from view.
- For security: Choose robust materials (thick rigid mesh, aluminum, gabion) and a height of at least 2 meters.
- For aesthetics: An aluminum fence, gabion (stone cages), wood, or even a planted hedge can enhance your property.
Limitations on the Right to Fence
While the right to enclose one’s property is a principle, it has exceptions.
- Right of way easement: If your neighbor’s property is landlocked, you are obligated to provide them with a right of way. Your fence must therefore include a gate or wicket gate so as not to obstruct their access.
- Planning regulations: Your project may be limited by the PLU, the regulations of a subdivision or your homeowners’ association, or by proximity to a classified site or historic monument.
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