Legal issues related to the construction of the fence
The current regulations regarding the construction of fences came into force in June 2015. The amendment to the provisions of the Polish Construction Law simplified procedures related to the construction of simple construction objects, including fences, which are not more than 2.2 m high. What does this mean for us in practice?
Simplification of formalities
Earlier, in the case of a fence between two plots, it was necessary to report it. On the other hand, constructions higher than 2.2 m and fences on the road side required a building permit. From June 2015, investors can set and renovate fences up to 2.2 m without additional formalities. The preparation of the project and the application for a building permit is still required if the fence height exceeds 2.2 m or a part of it acts as a retaining wall, preventing the slipping of the ground.
Security first
According to the regulations, the fence must meet several technical conditions. First of all, it cannot pose a threat to people or animals. In the case of fencing of residential buildings, at the height of less than 1.8 m, it is necessary to mount sharp elements such as barbed wire or broken glass. The wicket and entrance gate must always open towards the center of the property and cannot protrude beyond its boundaries. In the case of single-family housing, the minimum width of the gate is 2.4 m and the gate 0.9 m.
Where is it legal to put a fence?
Polish regulations do not require plot fencing, but practically everyone decides to do so. The fence should be put in your own area, unless the investor together with the neighbor decide to put a fence on the line separating their plots. In this case, the regulations say that both parties are obliged to pay the costs of repairs or maintenance of the fence.
Fence and land development plan
Before commencing work, you must apply to the municipal office for a land development plan, and if it is not applicable, for the development conditions. The fence must meet all the requirements contained in these documents. It may turn out that in a given area there is an obligation or prohibition on setting particular types of fences, eg openwork. In the case of inspections, non-compliance with such requirements may require the demolition of the fence.
Without permission – it does not mean that everything is allowed
As you can see, placing a standard, lower than 2.2 m fence does not require a permit. This does not mean, however, that we do not have any restrictions. We must remember that the fence has to be safe and meet the requirements of the land development plan. It's worth talking before working on it.
