ᐅ Fence question – Along public roads despite green strips?

Hello fellow home builders,

A few months ago, we moved into our new home and are now working on the outdoor area. We want to install a double wire mesh fence around the entire property. The building regulations state the following, which is not entirely clear to me:

The height of fences adjacent to public roads may not exceed 0.80 meters (31.5 inches).

Between the main street and our property, there is a green strip about 2 meters (6.5 feet) wide and 18 meters (59 feet) long with two trees. Am I allowed to build a 1.63-meter (64 inches) high double wire mesh fence between the green strip and our property, or is this already considered part of the public road area?

Thanks in advance for your help.

Complete excerpt:

Fences (§74 (1) No. 3 State Building Code)

3.5.1 The height of fences adjacent to public roads may not exceed 0.80 meters (31.5 inches).
3.5.2 Chain link and wire fences are only allowed if backed by hedges; the use of barbed wire is prohibited. The distance between hedges and plantings and the public traffic area must be at least 0.75 meters (30 inches). NOTE: Neighbor law regulations must be observed.

I don’t think you are allowed to build your planned height there, but only the 80cm (31.5 inches). In my opinion, the strip counts as part of the street space. It might become clearer if you replace “street space” with “street-facing side.” So, the side of the property facing the street should not be higher than 80cm (31.5 inches). At least, that’s how I understand it. When in doubt, contact the local council/building authority for confirmation.

Wire mesh fencing, sorry, I just had to say it.

HilfeHilfe schrieb:
Mesh wire fencing, sorry, I just had to say it

Actually more like mosquito wire fencing... just to stay true to the phonetics. Just saying.[emoji16]

Waldifix schrieb:
Between the main road and our property, there is a green strip approximately 2m (6.5 feet) wide and 18m (59 feet) long with two trees. Am I allowed to build a 1.63m (5.3 feet) high double wire mesh fence between the green strip and our property, or is that area already considered part of the public roadway?

Legally, the entire public area is considered the road. What you refer to as the road is most likely just the carriageway. Therefore, only a boundary fence up to 80cm (31.5 inches) high is permitted here.

Be glad about this regulation. If everyone were to build a fence starting at 1.6 meters (5 feet) high, preferably with those absolutely ugly privacy strips everywhere, everything would quickly become quite unattractive.