Fence height on neighboring property, fence on the property boundary?

Hello everyone,

We live in a terraced housing development and the neighbor would like to erect a fence. This is basically okay with me and also suitable with regard to privacy. Now, the neighbor's property is about 70 cm higher, meaning that if he builds a fence on his side, it will automatically be 70 cm higher towards me. In addition, the fence has to be on the property line, as it is otherwise not really possible to erect a fence there. My biggest concern is actually the light. The fence would be on my west side. Depending on the design of the fence, little to no light gets through there. What are the rules regarding height – I know about the 2 m maximum, but how is it if the neighbor's property is higher? What say do I have if the fence is placed on the property line? I am mainly concerned about the sunlight. Thanks in advance.

Now it is the case that the neighboring property is about 70 cm higher, i.e. if he builds a fence there on his property, it is automatically 70 cm higher on my side.

Yes, in such an old development area you can forget about using the development plan for calculations; you have to approach it with your eyes, heart, and common sense.

It was the same with the old semi-detached house for us: we were higher, and at that time we didn't know anything about neighbor law.
That's why we put up a game fence and planted loose shrubs in front of it so that we could benefit from the neighbor's garden: we had a nice "distant view" into their beautiful garden. Only at the terrace height did we make a small section about one meter high opaque.

One should distinguish between privacy protection and fence.
Welded wire mesh, chain link fence, game fence, electric fence, picket fence, wooden fence, slatted fence… none of these should cause you any concern.
And then come all the privacy fences… for those I would read through the neighborhood law or see if there are regulations where you live… and talk to the neighbor about what he intends.

My biggest issue is actually the light. The fence would be on my west side. Depending on the type of fence, little to no light gets through. What rules exist here regarding height – I know the 2 m max, but how is it if the neighboring property is higher? What say do I have if the fence is placed on the property boundary? For me, it’s mainly about the sunlight. Thanks in advance.

Your say in this case is irrelevant if you both agree to decide together. I don’t see the municipality as a decision-maker at the table, especially in this case of a simply “between-you” fence. Legal question settled, now the factual question can be solved. And that is not really complicated: build a two-part fence in height; for example, the lower part—where light is not critical for you—from wood. Then the upper part from Plexiglas. A car wrap specialist can laminate it so that it has high translucency while remaining opaque (you probably know this from buses covered from side to side), with the decorative motif “wood fence.” Problem solved, now I can watch the Sportschau.

Problem solved, now I can watch Sportschau.

You could have gone to watch 10 minutes earlier as well :rolleyes:

build a fence divided in height; for example, the lower part, which is not critical for you in terms of light, made of wood. In the upper part then made of plexiglass. A car lettering specialist will foil it for you so that it has high translucency while being opaque to view (you probably know this from city buses covered in stickers from front to back), with the decorative motif "wooden fence". Problem solved,

Thanks for the tip. So before I build a plexiglass fence, I’ll make sure we find a compromise regarding the height. Because of the legal situation. Why is it said everywhere that a fence on the property boundary is only allowed with the consent of the neighbor whose property borders it? Is it different with terraced houses? I don’t mind a fence either, but I don’t want a fence that shades half of my garden because of its height, which is basically not the intention. Nevertheless, I am simply interested in the dry legal basis or whether the development plan here overrides the legal regulations. Purely out of interest. Also because my brother recently had a discussion about a fence with the neighboring property.

Why is it everywhere stated that a fence on the property boundary is only allowed with the consent of the neighbor whose property borders it?

_On_ the property boundary means on something that belongs to both. Then of course only with consultation. Normally, when you decide to erect a fence, you build it _in front of_ the property boundary on _your_ property. And it will be the same for you, because the boundary itself is practically not suitable for erecting a fence, since there is an offset.