ᐅ How tall is the fence allowed to be?

Created on: 7 Jun 2017 11:48
R
raffa
Hello,

I have a question regarding enclosures.

Our development plan states that enclosures are allowed and do not require a formal procedure in the following cases:

a) enclosures within the built-up area,
b) open enclosures without foundations and base plinths in rural areas, serving agricultural or forestry operations,
c) retaining walls up to 2 m (6 ft 7 in) in height.

So, if we are interested in a fence or wall exactly 2 m (6 ft 7 in) high, does that mean we need to go through a formal process, including a building permit and structural calculations? But at 199 cm (78 inches), would it be no problem?

Or do you think the authorities might overlook it at exactly 2 m (6 ft 7 in)? On one side, the property borders a municipal lot, which is basically a street, and on the other side, a neighbor’s property. Of course, we would try to avoid any conflicts with the neighbor and comply with the height limit.

From where is the height measured? From the top of the ground to the top edge of the wall or fence?

What are your experiences?
B
Bieber0815
7 Jun 2017 21:42
According to my understanding of the text, the first post only states that a fence is allowed and does not require any formal procedure. There is no information about the permitted height (of a fence), unless agriculture or forestry is affected.

I recommend quoting a longer excerpt from the development plan (verbatim) and, if applicable, taking a look at the neighborhood law (if such a law exists in Bavaria).
11ant7 Jun 2017 21:52
Bieber0815 schrieb:
From my understanding of the text, the first post only indicates that a fence is permitted and exempt from approval procedures. It does not mention the allowed height (of a fence), unless agriculture or forestry is involved.

That's correct: the height mentioned in section c) refers to retaining walls, not to the fence according to section a).
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RobsonMKK7 Jun 2017 21:54
Fence height is regulated by the state building code, not by neighborhood laws.
Y
ypg
7 Jun 2017 22:06
I would also check the state building regulations and then take a look at the neighborhood.

Regards, Yvonne
tomtom798 Jun 2017 00:29
11ant schrieb:
That's right: the height measurement in c) refers to retaining walls, not to the fence according to a).

So, according to your statement, a wall is allowed to be 2m (6.5 feet) high but a fence is not?

There must be somewhere that equates fences with walls. For example, in our building regulations, which would not make sense to treat them as the same.
B
Bieber0815
8 Jun 2017 07:26
You are right, the relevant regulation is the state building code, in this case the Bavarian Building Code (BayBo), see Article 9 and Art. 63(6).