Can I build a fence on the boundary between plots without my neighbour's consent?
It depends — you may build a fence, but if it stands on the plot boundary itself it is joint property with your neighbour, not just your own affair. Under Article 4.46 of the Civil Code (often wrongly cited as 4.73), a fence, wall or trees standing on the boundary and serving both plots are treated as joint property: upkeep costs are split equally, and one neighbour may not demolish, rebuild or alter such a fence without the other's consent. In construction terms a fence up to 2 m high is a group-I simple structure, which usually needs no building permit. The popular myth that "on my own side I can build any fence I like" is misleading — solid fences are subject to insolation (daylight) requirements under the STR and often to extra municipal or garden-association rules.
📋 The rules
- A fence on the boundary itself, serving both plots, is the neighbours' joint property (CC Art. 4.46)
- Upkeep of a joint fence is split equally unless agreed otherwise
- One neighbour may not, without the other's consent, demolish, alter or rebuild a joint fence
- A fence up to 2 m high usually needs no building permit (group-I simple structure)
- Solid (opaque) fences are subject to insolation rules (STR 2.02.09:2005) and municipal requirements
🔓 Exceptions
- If the fence stands wholly on one plot (not on the boundary), that plot's owner builds and maintains it at their own cost
- A fence over 2 m, or a masonry fence, may need a project and a building permit
- Municipalities and garden associations may set extra rules on fence height, materials or transparency
⚠️ Penalties & fines
A fence dispute usually ends not in a fine but in a long quarrel with the neighbour. If a fence is built without authorisation (for example, it exceeds the allowed height, or needed but lacked a building permit), that is unauthorised construction of a simple structure under Article 351 CAO — a fine of €150 to €300. Far more often the problem is civil: if a joint fence is put on the boundary without the neighbour's consent, they can seek to have it removed or altered through the courts under CC 4.46 and 4.103, and court and expert costs can far exceed the fence itself. What people miss: a solid fence casting shade onto the neighbour's side and breaching insolation rules can also be challenged. So the safest step is to agree in writing with your neighbour on the fence's position, height and costs before building.
📎 Official sources
- e-seimas · Civil Code, Article 4.46 →
- e-tar · STR 2.02.09:2005 (one- and two-flat houses) →
- VTPSI · fences and simple structures →
❓ Frequently asked
Is a fence between plots shared?
If the fence stands on the boundary itself and serves both neighbours, under Article 4.46 of the Civil Code it is treated as joint property. In that case its upkeep costs are split equally, and one owner cannot demolish or change it unilaterally without the other's consent.
Do I need my neighbour's consent to build a fence?
To put a fence exactly on the boundary you need the neighbour's consent, because it becomes joint property. If you build entirely on your own plot, set back from the line, formal consent is not required, but solid fences are subject to daylight rules and municipal requirements.
What fence height is allowed without a permit?
A fence up to 2 metres high is a group-I simple structure, which usually needs no building permit. A taller or masonry fence may require a project, and a solid fence's height is further limited by insolation rules and local municipal requirements.
Who pays for a joint fence?
Under Article 4.46 of the Civil Code the upkeep of a joint fence is split equally between neighbours unless they agree otherwise. You cannot unilaterally build an expensive fence and then demand the neighbour cover half — the costs must be agreed in advance.
What can I do about a neighbour's solid fence?
First try to agree with the neighbour, and if that fails, turn to the municipality or the court. If the fence was built on the boundary without consent or breaches insolation and construction rules, it may have to be altered, but each case is assessed individually.
🔎 Common searches
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