In most cases you may build a fence without a building permit. Many state building codes make enclosures permit-free up to a certain height, often in the range of 1.2 to 2 m depending on the federal state and location. What really decides, though, are the local rules: the development plan (Bebauungsplan), the municipality's fencing by-law, and your federal state's neighbour law.
Why local rules matter most for fences
Hardly any building topic is regulated in as much small print as enclosures. Up to three layers apply at the same time, and each can be stricter than the other:
| Layer | What it regulates | Where you find it |
|---|---|---|
| State building code | Up to which height a fence is permit-free | Building code of your federal state |
| Development plan and by-laws | Height, material, design, partly bans in the front garden | Municipality, often online in a geoportal |
| Neighbour law | Customary local enclosure, distances, hedges | Neighbour law act of your federal state |
So a fence can be permit-free and still violate the fencing by-law. Always check all three layers, not just the building code.
How tall may a fence be without a permit?
The state building codes make enclosures permit-free up to a certain height. The limit is often between 1.2 and 2 m depending on the federal state and location, with stricter rules commonly applying in the outer area. Permit-free means: no building application needed.
Separate from that is the question of what is customary locally and permissible under neighbour law. Many neighbour law acts require a customary local enclosure (ortsĆ¼bliche Einfriedung) at the boundary. Customary is what predominates in your residential area or street, often a fence of about 1.2 to 1.5 m. A 2 m privacy screen can therefore be permit-free and still cause trouble with the neighbour or the municipality.
In short: the building code says whether you have to ask. Local custom and by-laws say what you may actually build.
Privacy screens towards the neighbour: the trickiest variant
Privacy walls made of wood, composite, or glass are legally enclosures and quickly become a dispute at the boundary. Clarify three points before you build:
- Does the screen stand directly on the boundary or on your own plot? On the boundary you practically always need your neighbour's consent.
- What counts as the customary height in your federal state? Considerably taller elements can be challenged, even if no building application was needed.
- Is there a development plan or a fencing by-law with rules on height and material?
The most relaxed solution is almost always to involve the neighbour early and record the consent briefly in writing. That takes five minutes and saves years of dispute.
Corners and driveways: the sight triangle
At street corners and plot exits a rule applies that many do not know: enclosures must not obstruct the view of traffic. Municipalities often require a clear sight triangle there, in which fences, walls, and hedges may only be considerably lower, frequently at most about 0.8 m.
If your plot is on a corner, plan the fence lower or set back at the corner from the start. A fence that blocks the view can be objected to even afterwards, and in the event of an accident, liability questions loom.
Hedges and living enclosures
Hedges are governed not by building regulations but by your federal state's neighbour law. There, boundary distances are regulated by growth height. As a rule of thumb in many states: the taller the hedge, the larger the required distance to the boundary, often around 0.5 m for lower hedges and considerably more for tall hedges and trees. The exact figures differ noticeably by federal state.
The limitation periods also matter: in many states you can only demand the cutback of a hedge planted too close for a few years. If you wait too long, you have to live with the hedge.
Frequently asked questions
Do I have to ask my neighbour before building a fence? On your own plot, generally no, as long as you follow all the rules. For a fence directly on the boundary you need their consent. In some federal states there is also a duty to announce the enclosure beforehand or to share the costs of a common enclosure.
Is there an obligation to build a fence at all? In some federal states and municipalities yes, as a so-called fencing obligation at the neighbour's request. Whether that applies to you is set out in your state's neighbour law act and in local by-laws.
Can the municipality ban my fence? Yes. Via the development plan or a fencing by-law it can prescribe height, material, and design, and in the front garden fences are sometimes excluded entirely. A look at the by-law before buying is always worth it.
Conclusion
For most fences you need no building application. The actual rules sit in the development plan, the fencing by-law, and neighbour law, and they differ from municipality to municipality and by federal state. Clarify height, position, and local custom before you order material, and involve the neighbour when building close to the boundary.
Check your project in a few minutes with BauErlaubt and find out which rules apply to fences and privacy screens at your location: Start the free pre-check.
This article is for general information only. It does not replace legal advice or a binding statement from the competent authorities.