What are the rules around fences in Scotland and when can you not put one up?

As the good weather sees homeowners surveying their gardens and considering improvements, some have run into issues.

There are several rules which apply when it comes to putting up fences and can help avoid disputes with the local authority.

Last week, a woman in Livingston was ordered to tear down a fence she put up to protect her garden after partially winning an appeal to the Scottish Government last year.

Dawn Gardner said it was erected stop “persistent dog fouling and littering” on land near her property.

But West Lothian Council planners denied permission for the retrospective erection of a fence on grounds of “detrimental impact on the visual amenity of the area”.

The owner of a property in Glasgow was told to pull down an “unsafe” fence because it was blocking views of oncoming traffic.

The owner of the property offered to reduce the height and make angle changes, but that was knocked back by councillors, who said the changes would not be enough to make it “safe.”

In another case, the owner of woodland on the edge of Carberry, Whitecraig, in East Lothian, has hit back after he was refused permission to fence in nearly 100 metres of it despite a stone wall doing the same on the other side of the road.

STV News takes a look at the planning rules around erecting fences in gardens in Scotland.

I want to build a fence in my garden – what are the rules?

If you’re doing a small project, you might not need to apply for planning permission.

This is called “permitted development” and could allow you to build a gate, fence or wall if they meet certain rules.

In this case, the gate, wall or fence can be up to two metres in height, as long as:

It’s not facing a road;
It does not come any further forward than the ‘principal elevation’ (the front of your house) or the side elevation (the side of your house);
It’s not within or on the boundary of the grounds of a listed building;
Your house is not within a conservation area.

If the application does not meet these rules, it may still qualify for permitted development as long as it’s not higher than one metre, and not within a conservation area or in the grounds of a listed building.

If you already have a gate, fence or wall that’s taller than the permitted development height and you want to replace it, you can do so as long as the replacement is no higher, and you do not live in a conservation area or listed building.

For example, if you have a 2.5 metre high fence, you can replace it with another 2.5 metre high fence under permitted development, unless you live in a conservation area or a listed building.

When do I need planning permission?

Typically, people require planning permission if:

They want to build something new;
They want to make a major change to a building – like an extension;
They want to change the use of their building;
Their building is in a conservation area;
Their property is a listed building.

Planning authorities can advise on conservation area status, and people can check if their building is listed by checking Historic Scotland’s listed building search.

You might need other approvals before you can carry out work. For example, you might need approval under the building regulations from the local council.

If you do not own the land on which the development is being carried out, for example a tenant or the land’s in joint ownership, you need to get the landowner’s permission.