Can I put a fence on my property boundary?
Yes, you can fence along the boundary — but not freely. In Luxembourg a ground-anchored fence (wall, low wall, mesh on posts, panels) is a structure: it must be authorised by the mayor, exactly like a shed. The maximum height and the type of fence allowed are set in your commune's building regulation and PAG — there is no national threshold of "2 m without a permit": that figure comes from French law and does not apply here. On the private-law side, the Civil Code (articles 653 to 673) governs party structures (mitoyenneté): in towns and suburbs a neighbour can be compelled to contribute to the separating fence (article 663). The building permit is always granted "subject to third-party rights": the commune does not decide who owns the wall — only the civil court does. The myth: "I put my fence wherever I like as long as it is under two metres" — false; you need the commune's approval and, on the boundary, a proper survey (bornage) avoids disputes.
📋 The rules
- Communal authorisation: any fence fixed to the ground needs the mayor's prior approval; light mesh, a hedge and a solid wall are not treated the same way across communes.
- Height set locally: the building regulation and PAG cap the height and distinguish an open fence, a low wall and a solid wall — there is no national threshold.
- Party structures (Civil Code, art. 653-673): a separating wall is presumed jointly owned unless title or mark says otherwise, with shared rights and charges.
- Forced fencing (art. 663): in towns and suburbs, each neighbour can be compelled to contribute to building the separating fence.
- Subject to third-party rights: the communal permit prejudges neither ownership nor easements; a boundary dispute is settled by survey and before the civil court.
🔓 Exceptions
- A hedge: a plain hedge is not a ground-anchored structure, but it is still subject to the planting distances of the Civil Code and sometimes to the communal rule.
- Light agricultural fencing: movable pasture fences in the green zone fall under a distinct regime and may be exempt from a building permit.
- Amicable survey: if both neighbours sign a boundary survey and an agreement, the line and the ownership of the fence are fixed without going to court.
⚠️ Penalties & fines
A fence put up without authorisation is an illegal structure: the commune can order it stopped, refuse to regularise and require its relocation or demolition at the owner's expense, with a fine under the 2004 Law and the communal rule. If the fence encroaches, even by a few centimetres, on the neighbour's land, the encroachment lets the neighbour demand its removal — costly and even in good faith. A jointly owned wall raised or pierced in breach of the Civil Code opens civil litigation and compensation. At resale, a non-compliant or badly placed fence shows up at the survey and can delay the notarial deed. Finally, legal-expenses insurance may refuse to handle a dispute arising from a structure built without authorisation.
📎 Official sources
- Legilux · Civil Code, articles 653 to 673 (party walls and fences) →
- Legilux · amended Law of 19 July 2004 on municipal planning and urban development →
- Guichet.lu · building permit (official State portal) →
❓ Frequently asked
Am I allowed to build a 2-metre wall on the boundary?
Maybe, but it is not automatic: the permitted height depends on your commune's building regulation, not on a national 2 m threshold. File a building-permit application and check the PAG, because a wall that is too high or not open enough can be refused or have to be lowered.
Is the fence jointly owned because it sits on the line?
A separating wall is presumed jointly owned unless title or mark says otherwise, but sitting on the boundary is not enough to prove it. In case of doubt, joint ownership is settled by titles, the Civil Code presumptions and, failing agreement, before the civil court.
Does my neighbour have to pay half the fence?
In towns and suburbs, article 663 of the Civil Code lets you compel the neighbour to contribute to the separating fence. Outside built-up areas the forced contribution does not apply, so you then need an amicable agreement to share the cost of a common fence.
What if we disagree on the exact boundary?
Have a boundary survey carried out by an official surveyor, ideally jointly and signed by both neighbours. The survey record fixes the line and prevents a fence being placed on someone else's land, which would expose you to an encroachment claim.
Does the commune check who owns the wall?
No: the mayor issues the authorisation "subject to third-party rights" and never decides ownership. Questions of joint ownership and encroachment are for the civil court, even where a building permit has been properly obtained.
🔎 Common searches
What people search to land here:
- “fence property boundary luxembourg”
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