Chapter 15.08 FENCE STANDARDS (2024)

FAQs

Who pays for a fence between neighbors in California? ›

Neighboring landowners in California share equal responsibilities for maintaining boundary fences. They are jointly and equally responsible for the costs of building, repairing, and maintaining the fence, regardless of which side of the property line it is located on. This includes front yard fence and the pool fence.

§142.0310 General Fence Regulations for All Zones

(A) Standard, all metal chain link fences located on the front or street side property line shall not exceed 3 feet in height. Other open fences are permitted up to 6 feet in height.

If your fence is made of solid wood, concrete, or masonry and is over 7 feet tall—or any material and exceeds 10 feet—a minor use permit will likely be mandatory.

Under California's Building Code, you must obtain a permit before building a fence that will be over 6 feet tall unless the top 2 feet of the fence will be barbed wire. For a front yard fence, the maximum height is 42 inches. For a backyard fence, the maximum height is 72 inches.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

A few exceptions to the Good Neighbor Fence law: Your neighbor has never fenced his land and does not fence his land in the future. The fence is not on the property line. The fence is being replaced for the aesthetic desires of one property owner.

The standard height for fences is anywhere from 3-8 ft, depending on the use-case and fence location. Fences built to heights that are non-standard may require special permits or may incur additional costs if the contractor only has fence pickets that are pre-sized.

Open fence means a fence in which openings between the materials of which the fence is constructed represent not more than fifty (50) percent of the total surface of the fence when viewed perpendicular to the face of the fence.

§841 of California Civil Code states:

“ (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them.

But every now and then, you'll encounter one who's antagonistic and drags you into disputes, which perhaps culminate in the neighbor building a "spite fence." Spite fences are fences constructed purely to annoy a neighbor. They're usually tall, ugly, or both.

What is the highest fence you can have between neighbours? ›

As a general rule, if the fence in your front garden is next to the road or footpath, it can only be one metre (3.2 feet) in height. Fencing in your back garden that separates your garden from your neighbour's can be a maximum of two metres (6.5 feet) in height – this includes any trellis topper.

Contractors who violate the law are subject to disciplinary action by CSLB, including civil penalty assessments of up to $5,000 per violation, an order of correction that requires payment of permit fees and any assessed penalties imposed by the local building department, and suspension or revocation of the license.

Fences located in required side yards and re- quired rear yards are permitted up to 9 feet in height. Any portion of the fence above 6 feet in height shall be an open fence.

The gist of the law is that since both parties are benefiting from having the boundary fence, there will be cost sharing with each neighbor responsible for half the costs.

There is no minimum height for a boundary fence though there is a maximum of 6 feet. If your neighbour is not willing to assist you, you may fit a 6 feet high fence in your own property but best to call your planning office to make sure there are no conditions in place that could affect this.

Boundary fences sit on the boundary line between two properties. Boundary or division fences must conform to fencing laws established by local ordinances and CC&Rs. Both property owners own the fence erected between the property lines when both use it.

California law recognizes the right of two adjoining landowners to agree on a specific line or marker to act as the property lines between the two parcels, notwithstanding the legal description in each parcel's deed.

Section 218 of the California Utilities Code, known as the “over-the-fence” rule, limits the distribution or sale of self-generated energy to only adjacent parcels and outright bars electricity transmission across public streets.