Coexistence with neighbors can be complicated, above all they do not respect the space of the other owners. Despite the fact that the Horizontal Property Law establishes a series of rights and obligations for the residents of a residential building. However, chalets and single-family and isolated homes are more exposed to general building and urban planning regulations.
This is what happened to an English woman who, after numerous conflicts with her neighbors, sought a drastic solution. As he explained, it was common for him to find dog feces, garbage, and even people under the influence of alcohol in his garden. A complex situation for which he decided to build a 1.8 meter wooden fence that will surround your property.
Dawn Gardner, the protagonist of this story, thought that since it was her property, she could place it without having to consult the rest of her neighbors or request a building permit. The surprise came when the city council contacted her, to tell him that he had to take down the fence.
The councilors decided that it damaged the aesthetics of the area
In response to this request, Gardner claimed that he had installed himself in the northwest part of his property, with a height of 1.8 meters, to prevent misuse of his property. A decision he made after suffering numerous episodes in which His neighbors allowed their dogs to do their business in their garden.as well as throwing waste or entering without permission.
He explained that the construction was designed to integrate into the environment and that its height was reduced to 1.15 meters in the part closest to a roundabout and a parking area. Likewise, it only delimited its property, without approaching public roads. All this for prevent it from causing visibility or safety problems.
Regarding the report prepared by those responsible for urban planning, they assured that the fence had not caused any inconvenience to the neighbors. Specifically, they declared that there were “no implications regarding access to light, shadows, physical impact or privacy…”, as explained by the British media “Home Building”. Despite this, the councilors decided that It damaged the aesthetics of the neighborhood and had to be dismantled..
Could it happen in Spain?
Spanish legislation is quite different from English legislation, so this situation would not have posed any type of problem for the person affected. As established by the Civil Code in its article 388, “Every owner may close or fence his property. by means of walls, ditches, live or dead hedges, or in any other way, without prejudice to the easements established over them.”
On the other hand, there is no maximum height for garden fences according to state regulations, but this will depend on the provisions of the territorial and urban planning legislation of the autonomous communities and town councils. As well as the materials and aesthetic integration in the area. So if you want to build it, general plans, ordinances and particular regulations must be consulted.
However, if the fence is to be installed on the dividing line between two properties, it can be considered a party wall, so the neighbor’s approval will be required. This will also have rights over it and assume the responsibilities and maintenance costs. Likewise, according to article 575 of the Civil Code, it establishes that any modification must be consulted between both owners.