ᐅ Fence question – Along public roads despite green strips?

Created on: 27 Feb 2018 13:15
W
Waldifix
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.

Key to symbols with building icons, dimensions and area information from building plans


Architectural floor plan with walls, doors, windows, green area and terrace.
H
HilfeHilfe
1 Mar 2018 08:36
Well, he might want a bit of sound insulation.
B
Baumfachmann
1 Mar 2018 22:58
80cm (31.5 inches) is clear, of course.
W
Waldifix
22 Mar 2018 12:51
Tego12 schrieb:
Be glad about this regulation. If everyone built a 1.6 m (5.25 ft) fence with those absolutely ugly privacy slats everywhere, the whole area would quickly become very unattractive 😉
Bieber0815 schrieb:
Legally, the entire public area is considered the street. What you are calling the street is probably just the roadway. Therefore, only a 80 cm (31.5 inch) high enclosure is allowed here.
ruppsn schrieb:
I don’t think you are allowed to build your planned height there, only the 80 cm (31.5 inch). In my opinion, that strip counts as part of the street area. Maybe it’s clearer if you replace “street area” with “street-facing side.” So the side of the property facing the street should not be higher than 80 cm (31.5 inch). That’s at least how I understand it. If in doubt: call your local council or building authority and ask, that way you’ll have certainty.


Just received the encouraging written response from the building authority:

For the erection of a fence facing XXXXX Street, neighbor law applies, since the municipal green strip between your property and XXXXX Street is considered a “neighboring property.”
R
ruppsn
23 Mar 2018 09:24
Waldifix schrieb:
Just received the positive written response from the building authority:

For the construction of a fence along XXXXX Street, neighbor law applies, as the municipal green strip between your property and XXXXX Street is considered a “neighboring property.”

Well great, it’s nice to see things being interpreted in favor of the builder for a change *thumbUp* [emoji4]

If you don’t have it yet, make sure to get it in writing ;-)