Fencing: So you are legally on the safe side


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Enclosures are investments that demarcate one property from the next. A living enclosure, for example, is a hedge. For them, the regulations on the marginal distance of hedges, shrubs and trees in the state neighboring law must be respected. On the other hand, in the case of so-called dead enclosures, it is often necessary to observe the regulations governing construction works, which are usually free of building permits up to a certain amount. Even if no building permit is required, you must comply with the building regulations anyway. Unless otherwise stated, the enclosure must always be erected on its own property. Distance regulations may result, inter alia, from the Land Neighbor Laws, Einfriedungssatzungen, building regulations or zoning plans.

Do you have to settle your property?

This often results from the laws of land neighbor, construction and road laws. The Neighborhood Law of Berlin in § 21 stipulates an obligation to enclose the right-hand side of the property. Prerequisite for an enclosure is basically a corresponding request of the neighbor. As long as the neighbor does not demand an enclosure from you, you do not have to build an enclosure in these cases. Sometimes, however, you have to settle the property for other reasons, such as creating new hazards by creating a pond or keeping a dangerous dog. In these cases, the perpetrator of the hazard is subject to a duty of public safety, which he may only be able to meet reasonably well with an enclosure.

Fencing from a hunter's fence

Who does not know him - the hunter's fence made of diagonally crossed slats

What material should the enclosure be?

Whether the enclosure may be a hunter's or a chain link fence, a wall or a hedge is governed, inter alia, in the Land Neighbor Laws, in the municipal enclosure laws or in zoning plans. Here you can also find regulations on the permissible height of the enclosure. As far as there should be no regulations, it depends basically on the local custom. So you should look around your area to see what could be local. A neighbor may in principle demand the removal of an enclosure if it is not customary in the locality. In some neighboring law is also regulated, which type and height of the enclosure is allowed if no locality can be determined.
For example, § 23 Berliner Neighborhood Law regulates that in these cases a 1.25 meter high chain link fence may be erected. You should inquire with the responsible building authority about the regulations that apply to you. If you want to change an existing enclosure, it is recommended that you also inform your neighbor in advance and agree with him at best.

Video Board: Cat Proof Fence.

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