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Does a new build house need a back/bottom fence?

  Brumas 17:32 26 Jun 2016

I suppose only by ringing the Planning department/Land registry will I know for sure but I thought I might ask in case other members have been in a similar situation.

Our bungalow has a burn at the foot of our back garden and across the burn there is a newly built house, which has been for sale for four or five months, and that house does not not have a bottom fence.

Fortunately by judicious planning I have established quite a good hawthorn hedge (only four foot high mind) on my side. This combined with the self seeded saplings on the other side of the burn affords some privacy but it is not 100% and I can see their backdoor quite plainly and, of course, they can see mine! I do not like my privacy violated as it were.

What attracted us to this bungalow in the first place was because across the burn, behind a straggle of trees was an old fashioned country garage stretching across three house widths - complete privacy. When they pulled it down they also cut down the trees which fortunately have come away again.

Getting to the point, does a newly built property, which faces an established dwelling need, by law, to have a back fence?

I would have thought it does as their garden runs down to the burn, as mine does!

  Forum Editor 16:52 29 Jun 2016

A stream is defined as a small, flowing body of water. In this context, a stream is water that flows between two banks, but is not a river.

The boundary of properties which border a stream are in the centre of the bed, but that's not what we're talking about here. Brumas is talking about the lack of a fence.

  wee eddie 19:21 29 Jun 2016

If it were a ditch, man made and deep, there could easily be a planning requirement to fence it off

  anskyber 21:11 29 Jun 2016


  bumpkin 21:39 29 Jun 2016


I think it is relevant.

  Brumas 22:43 09 Aug 2016

Update - when we returned from our daughter's wedding in Malta we found, to our delight, a six foot high wooden fence had been erected in our absence - result!!

  Forum Editor 11:49 10 Aug 2016

Excellent news.

This thread is now locked and can not be replied to.

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