Can I put up a fence facing my neighbour without their consent?
Conditional — it depends on whether you build the fence on your own side or on the boundary itself. A fence up to 2.2 m high may be built without a building permit and without a main design (Ordinance on Simple and Other Buildings and Works); a taller fence needs no permit but does need a main design. If you place it entirely within your own plot, you do not need the neighbour's consent. But the moment you build the fence on the boundary itself, under the neighbour-law rules of the Property Act it becomes shared — it is presumed to belong to both sides, so it requires the agreement and shared costs of both neighbours. Here a common myth falls, that the maximum allowed fence is 1.8 m: that limit comes from particular spatial plans, not from the general rule. Another myth — that the neighbour must always pay for „their" half — holds only for a fence on the boundary, not for one you raise on your own side.
📋 The rules
- Height without a permit: a fence up to 2.2 m (measured from the lowest point of the finally levelled terrain) is built without a building permit and without a main design; a taller fence still needs no permit but does require a main design (Ordinance on Simple and Other Buildings and Works).
- On your own land: if you raise the fence entirely within your own plot, you do not need the neighbour's consent — the fence is then your property and you maintain it yourself.
- A boundary fence is shared: under neighbour law it is presumed that boundary markers and fences are the shared property of the neighbours on both sides, so the cost of installing and maintaining them is as a rule split (Property Act).
- The spatial plan prevails: a local spatial plan or municipal decision may prescribe a lower permitted height, material or transparency of the fence, especially along the street line — so check the conditions in your municipality or town before building.
- The fence must not harm the neighbour: it must be placed so it does not endanger the neighbouring property or take light and air beyond the limit a neighbour must tolerate; the exact boundary line is settled in a special non-contentious boundary procedure.
🔓 Exceptions
- A hedge instead of a fence: a living hedge on the boundary is also treated as shared; the neighbour may trim it up to the edge of their plot but may not remove it on their own.
- Retaining and boundary walls: a retaining wall up to 1 m and a boundary wall up to 1.6 m count as simple buildings without a permit; taller walls need a main design because they also carry structural responsibility.
- When the neighbour will not take part: if you build on the boundary and the neighbour refuses, you can raise the fence on your own side of the line at your own expense, and then it is yours alone, with no obligation on the neighbour to maintain it.
⚠️ Penalties & fines
A fence within the dimensions of a simple building and on your own land carries no fine. Problems arise when the limit is crossed: a fence taller than allowed without a main design is treated as construction contrary to the rules, so a building inspector can order it brought into line or removed at your expense. If you place the fence on the neighbour's part of the boundary or encroach on their plot, you risk a lawsuit for disturbance of possession and removal, and the neighbour may also claim damages. The hidden trap is money: with a shared boundary fence, a neighbour who pays for it alone can later claim half the maintenance cost from you in court, whereas a fence on your own side you pay for and maintain yourself. Before any building on the line, a written agreement pays off, because boundary disputes can run for years and cost more than the fence itself.
📎 Official sources
- Narodne novine — Ordinance on Simple and Other Buildings and Works →
- zakon.hr — Property Act (neighbour rights) →
- Ministry of Physical Planning, Construction and State Assets — building without a permit →
❓ Frequently asked
How tall a fence may I build without a building permit?
A fence up to 2.2 metres high is built without a building permit and without a main design, while a taller fence needs no permit but does require a main design. A local spatial plan may set a lower height or a specific look for the fence, so always check the conditions in your municipality or town.
Do I need the neighbour's consent for a fence?
If you build the fence entirely within your own plot, the neighbour's consent is not needed and the fence is yours alone. For a fence placed on the boundary itself an agreement is needed, because such a fence is shared by law and the costs are as a rule split in half.
Who pays for a fence on the boundary?
A fence on the boundary itself is presumed to be the shared property of the neighbours, so the cost of installing and maintaining it is as a rule split in half. If you raise the fence only on your own side of the line, you pay for and maintain it yourself and the neighbour need not take part.
May a neighbour build a fence right next to my hedge?
They may, if they build within their own plot and respect the permitted height and their municipality's spatial plan conditions. Your hedge stays yours, and its care and trimming on your side of the line remain your obligation and your right.
How is a dispute over where the boundary lies resolved?
The exact boundary line is settled in a non-contentious boundary procedure before the court, with a surveyor's expert opinion. Until the procedure ends it does not pay to move the fence on your own, because that can amount to disturbance of possession and trigger a lawsuit.
🔎 Common searches
What people search to land here:
- “fence facing neighbour croatia”
- “permitted fence height”
- “fence on boundary consent”
- “who pays for fence between neighbours”
- “fence without building permit”
- “fence height 2 metres”