Anyone who finds out about the legal situation surrounding garden fences can avoid unnecessary disputes with their neighbours.
Neighbourhoods can be harmonious and sociable. But it is not uncommon for a dispute to literally break out. Who doesn't remember the famous firecracker bush, to which Stefan Raab even dedicated a song. The garden fence becomes a point of contention because nobody is really informed about the regulations regarding jurisdiction. Which neighbor actually has to build a fence where and do garden owners have to build a fence at all? In the following we would like to shed some light into the darkness and pave the way for you to live harmoniously together.
Object of dispute garden fence
Judges in Germany have to make around 300,000 judgments per year dealing with neighborhood disputes. Objects of dispute are noisy garden tools, piles of leaves, music noises, branches and bushes or the garden fence itself. In order for the garden to remain what it should be, an oasis of peace and relaxation, you should find out about the legislation of the individual federal states on site, because this is where it comes from there are some differences.
What is local custom?
Local custom determines how high fences may be erected. Take a look around your residential area or your garden. Fences and hedges about one meter high predominate there, so it is not customary in the area if you are thinking of building a two meter high fence. If the enclosures are of different heights, it is not possible to determine what is customary in the area at first glance. Then the neighboring rights laws of the individual federal states apply.
Some examples of the local custom of enclosures:
Berlin, Brandenburg
Hesse, Lower Saxony, Saarland
Saxony-Anh alt1.25 meter high chain link fence
1.20 meter high chain link fence
two meter high fence
Not all fences are the same
The term garden fence is not to be taken so precisely. It only serves as a synonym for the demarcation of two properties. In fact, there are several ways to delimit a property:
Enclosure
With an enclosurethe property is delimited to the outside. This is done as a protective measure against prying eyes, against people and animals entering the property and as protection against sun, wind or noise pollution.Dead Enclosure
This includes garden walls or garden fences made of wood, stone or wire mesh. These are structural systems that may have to be approved under building law.Living Enclosure
Garden hedges are referred to as living enclosures. The distances for planting hedges specified in neighboring law must be observed. A hedge planting directly on the property line requires the approval of the neighbors. In this special case, the garden hedge becomes a border structure.Border systems
Both dead and living enclosures that are located on the immediate property boundary are referred to as border structures. Structural changes or the removal of the fence require the consent of the neighbor.Retaining Walls
Sloping properties are often secured by retaining walls. Retaining walls are subject to regulations that deviate from the fences, which can be found in the respective building regulations of the federal states.Privacy Fences
Privacy fences do not differ in their function from enclosures. A privacy fence can be made of a wide variety of materials. High privacy fences become structures and require approval.View of the Civil Code
If you want to refer to the Civil Code to get certainty about the garden fence dispute, you won't find anything. There are no fixed regulations on the subject of enclosure. However, there one can read: "The owner can deal with the matter as he pleases." A property can therefore be fenced in, but it does not have to be.
» Tip: Sections 921 and 922 of the German Civil Code deal with fencing on the property line.
The individual federal states have made additional regulations regarding the enclosure in their neighboring laws.
Only in the following federal states there are no corresponding regulations:
- Bremen
- Bavaria
- Mecklenburg-West Pomerania
- Hamburg
Who is responsible for the garden fence?
This question cannot be answered in one sentence. The federal states have found two different approaches to determining who is responsible for the fence. A common enclosure and a legal enclosure are usedspoken.
The common enclosure engages in:
- Hessen
- Saarland
- Baden-Württemberg
- Saxony-Anh alt
- Rhineland-Palatinate
- North Rhine-Westphalia
- Schleswig-Holstein
- Thuringia
The enclosure of rights is law in:
- Brandenburg
- Berlin
- Lower Saxony
This law states that a property owner, at the request of his neighbors, must fence in the right-hand property line as seen from the street. The legal enclosure was adopted from the Prussian General Land Law and is intended to enable the individual parties to distribute costs and maintenance evenly.
Enclosure is a private matter
Only when the neighbor wants the fence to be built does the legal obligation to enclose come into play. If the fence is required to be built, the neighbor can also verbally announce this.
» Tip: To avoid arguments at the fence, it is advisable to put the fencing request in writing and have your neighbor sign it.
A fencing obligation to protect neighbors applies in:
- Rhineland-Palatinate
- Saarland
- Thuringia
- Saxony-Anh alt
- in outdoor areas also in Baden-Württemberg
A local general enclosing obligation consists of:
- Brandenburg
- Berlin
Developed or commercially used land in urban areas must be fenced in:
- Lower Saxony
- Hessen
- North Rhine-Westphalia
- Schleswig-Holstein
There is no obligation to fence in the following countries:
- Bremen
- Bavaria
- Baden-Württemberg inner city
- Saxony
- Hamburg
- Mecklenburg-West Pomerania
The most important questions answered briefly
Do I even need to build a fence?
Every German citizen has the right to erect a fence to delimit their property and protect it from unauthorized entry (BGB § 903). You are only obliged to build a fence if the neighbor insists on clearly separating the properties from each other. Most federal states have made individual regulations in this regard in building and neighborhood law.
For which side of the fence am I responsible?
Property owners have to ensure a demarcation on the right side of the main entrance. No regulations apply if the main entrances to the neighboring properties are on different street fronts. Also the amThe demarcations behind the entrance are not subject to the legal obligation. The neighbors should agree on a regulation here.
How high can my fence be built?
Here you should find out in advance about the dimensions of the fences that are customary in the individual federal states. In most cases, heights of up to 1.25 meters are acceptable. High walls and fences shade the neighbor's property. The latter does not have to accept this and can demand the removal of the fence.
How can you tell which side of the fence it is?
If the fence was there before and you are now unsure whether it is your responsibility, look at which side there are columns, bricks, slats or stones. This usually marks ownership.
Uninvited guests - trespassing yes or no?
If a property has a fence, anyone who crosses this boundary against the will of the owner commits trespassing (§ 123 StGB). The boundary of the property must be made clear. It doesn't matter whether the fence is a meter high or just a low stone wall or hedge.
The most popular arguments on the fence
❖ smells
In summer, smoke and stench on the garden fence quickly become a topic of dispute. Barbecue evenings in summer should not be overdone. Some judges consider five barbecues per season to be acceptable. In Brandenburg, barbecuing is only permitted if the smoke cannot penetrate the windows of neighboring properties.
» Tip: Invite your neighbors to barbecues in the garden more often, then they will hardly complain.
Nobody can object to kitchen smells. You don't have to put up with the stinking compost heap if it's right next to the garden fence.
❖ Plants that grow over your head
Nothing stands in the way of garden design at your own discretion. There may be certain restrictions in allotment gardens. These can be found in the respective articles of association. If you plant trees and shrubs, it is worth taking a look at the regulations of the federal states in advance. Certain distances to the neighboring garden must be observed.
» Tip: Hedges two meters high must be planted at least 50 centimeters from the neighboring garden.
Take action against branches that grow over the garden fence and root runners that make their way (§ 910 BGB). The owner is obliged to cut back the trees andto cut off the root suckers. However, only outside the gardening season, between October and February to be precise.
» Tip: Fruit can be collected when the branches hang over the fence.
❖ Let`s Party
There's nothing wrong with a garden party, after all, partying is part of the gardening season, just like gardening itself. However, after 10 p.m. the party-goers have to keep the volume down. This means taking the party indoors or significantly turning down the music and conversations. Otherwise, the neighbors have the right to call the police. You could then be fined for disturbing the peace at night.
❖ Quiet times
As early as 2002, a regulation came into force restricting the operation of garden tools. For example, hedge trimmers may not be operated on Sundays and public holidays and must be switched off after 8 p.m. on weekdays. Cordless vacuum cleaners may only be switched on between 9 a.m. and 1 p.m. and 3 p.m. to 5 p.m. Municipalities and allotment garden associations have often made their own regulations regarding the midday rest period.
❖ Pets
Animals should be kept in such a way that no neighbors are disturbed by noises or smells. Strict rules apply to dog owners, a court has limited the barking of the four-legged friend in a judgment to half an hour a day. A noise compensation fee of 1,500 euros was due for a frog croaking in the garden pond. Cats must be tolerated. If there are more than two animals that are permanently in your own garden, you may be required to build a fence.