How high a fence may I build on the boundary with my neighbour?
You may usually build a fence up to 2.2 m high without a building permit, but if you want it on the boundary itself, you need the neighbour's consent. Under the Decree on the classification of structures, a fence up to 2.2 m above ground is a simple structure that needs no permit, while a fence up to 3.5 m is a non-demanding structure that does require a building permit. Where you may place it is a separate question: if the spatial plan sets a setback from the boundary and you build within your own land, you need no consent, but to build on the boundary itself you need the neighbour. Under the Property Code (SPZ), a fence, wall or hedge on the boundary is the common property of both neighbours (a boundary marker), and the upkeep costs are shared equally. The myth that you can build whatever you like on the boundary because it is "your side" does not hold — without the neighbour's consent, or with an over-height fence, you risk an inspection order and removal, and you may interfere with a shared boundary marker.
📋 The rules
- A fence up to 2.2 m above ground is a simple structure needing no building permit; between 2.2 and 3.5 m it is a non-demanding structure for which a permit is required.
- To build a fence on the parcel boundary itself you need the neighbour's written consent; if you build within your own land at the prescribed setback, no consent is needed.
- Under the SPZ, a fence, wall or hedge on the boundary is a boundary marker and common property of both neighbours; the costs of building and upkeep are shared equally.
- The setback of a fence from the boundary is set by the municipal spatial plan (OPN) and varies between municipalities; it is often 0.5 m or more, and a smaller setback needs the neighbour's consent.
- Above 3.5 m, or under special conditions (protected areas, roads), a fence is a less-demanding structure needing a full building permit and additional consents from infrastructure operators.
🔓 Exceptions
- Along a public road extra limits apply for visibility and traffic safety; a fence in the road protection strip needs the road operator's consent.
- In protected areas (cultural heritage, nature protection) the height, material and form of the fence may be limited regardless of the general criteria.
- A retaining wall above a certain height is subject to stricter rules than an ordinary fence, as it is a civil-engineering structure with its own statics and drainage.
⚠️ Penalties & fines
An over-height fence, or one without the required permit, counts as illegal construction; the building inspectorate can order its removal or adjustment at your expense, and under GZ-1 a natural person faces a fine of EUR 1,000 to 10,000. If you build the fence on the shared boundary marker or encroach on the neighbour's land without consent, the neighbour can bring a claim for disturbance of possession, seeking restoration and damages; court and lawyer costs add up fast. Because a fence on the boundary is common property, you may not unilaterally remove or alter an existing shared fence without the neighbour's consent. Boundary disputes often escalate into a boundary procedure before a surveyor or the court, which takes time and money. Ignoring the operator's consent along a road or in a protected area brings separate measures from the competent inspectorates and removal at your own expense.
📎 Official sources
- PISRS · register of legislation (Property Code, SPZ, boundary markers) →
- PISRS · Decree on the classification of structures (fences) →
- gov.si · Inspectorate for the Environment and Spatial Planning →
❓ Frequently asked
How high a fence may I build without a permit?
A fence up to 2.2 m above ground is a simple structure and needs no building permit. Between 2.2 and 3.5 m it is a non-demanding structure that requires a permit, and you must also respect the rules of the municipal spatial plan.
Do I need the neighbour's consent for a fence?
You need the neighbour's consent if you place the fence on the parcel boundary itself, as it becomes a shared boundary marker. If you build within your own land at the prescribed setback you do not need consent, though written consent is advisable to avoid later disputes.
Who owns a fence that stands on the boundary?
Under the Property Code, a fence on the boundary is a boundary marker and the common property of both neighbours. This means you share the costs of building and upkeep equally, and neither may unilaterally remove or alter the shared fence without consent.
Who pays for the upkeep of a shared boundary fence?
The upkeep costs of a boundary marker are borne by both neighbours in equal shares, as it is common property. Both are also jointly liable for damage to third parties if a neglected fence causes it, for example when a dilapidated wall collapses.
What can I do if my neighbour builds a fence on my land?
If the fence extends onto your parcel without consent, it is disturbance of possession and you can sue for restoration and removal. You can also request a boundary determination by a surveyor or the court, and report the disputed construction to the building inspectorate.
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