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What is the legal distance a neighbour can erect a large…

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Hi, What is the legal distance...
Hi,
What is the legal distance a neighbour can erect a large wooden fence from my property boundary line which already has a fence there but he wants to create another 6 ft 35 ft long fence 6 inches from mine to create privacy for his holiday let? Does it require to be 1 meter away from my property? I hope so!Thanks. Jan
Submitted: 11 months ago.Category: Scots Law
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Answered in 3 hours by:
9/6/2017
Lawyer: JGM, Solicitor replied 11 months ago
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12,527
Experience: 30 years as a practising solicitor.
Verified

Thanks for your question. I am a solicitor in Scotland. Unfortunately the fence doesn't have to be a metre away from the boundary. It just has to be on his land.

Under permitted development rights, a gate, wall or fence can be up to 2 metres in height, as long as:

  • it isn't facing a road
  • it doesn't come any further forward than the 'principal elevation' (the front of the house) or the side elevation (the side of the house)
  • it isn't within or on the boundary of the grounds of a listed building or within a conservation area

If it doesn't meet these rules, then it may still qualify for permitted development as long as it's no higher than 1 metre, and not within a conservation area or in the grounds of a listed building. I hope that answers your question. Please leave a positive rating so that I am credited for my time.

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Customer reply replied 11 months ago
Hi, I would call this so called second fence a structure for the purpose of privacy only and not a boundary fence as there is already one there, and therefore it should be classed as a fixed structure which I believe should not be erected less than one meter from the nearest property. Do you agree? J.
Lawyer: JGM, Solicitor replied 11 months ago

No I don't. A fence is a fence.

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Customer reply replied 11 months ago
I have already paid £25 for your advice today.
Lawyer: JGM, Solicitor replied 11 months ago
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