It is a means of delimiting the contours of one’s property in a permanent way or of delimiting a particular space or passage. This fence can be made up of walls, doors, gates, slatted structures, trellises, stakes, palisades, grids, wire netting, ploughs, or barbed wire.
The civil code recognizes the right to enclose a property. Its height is, however, predefined. Limitations and obligations for the use of materials to ensure architectural continuity in the city and ensure tranquillity between the inhabitants can be made at the local level.
What are the rules to follow before installing a fence? Do I need to apply for a building permit?
The first rule to respect is to make sure that the installation project of the fence will not constitute an inconvenience for the neighbors, in particular the isolated people. The jurisdictions which have had to deal with this type of litigation have, as a general principle of law, considered in this matter that there could be ‘abuse of rights.
The second important point is to find out from the town hall about the rules in force in terms of fencing on the municipality’s territory.
Until 1986, individuals had to file a building permit. Since then, all you have to do is submit a declaration of work to the municipal services. In this case, the person wishing to affix a fence all around their home must go to the town hall and complete the form. This is the standard form for the declaration of work; the closing statement is included. A site plan of the land must accompany the form, a layout plan of the project, and a sketch showing the dimensions and the nature of the materials used.
The procedure provided does not derogate from the usual declaration of work. The instruction period is one month. It may, however, be increased to two months when the project is subject to an authorization system or to prescriptions whose application is controlled by an authority other than that competent in town planning matters, for example, if the planned works are located within the protected perimeter of a historical monument.
In the end, if the decision made by the authorities is favorable, the work can begin unless these same authorities have decided to attach specific prescriptions to it on the grounds of town planning or the environment. If the answer is negative, it must be motivated to be valid.
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True Built Fencing
+1 (512) 354 1601
2025 Guadalupe Street, Suite 250
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