Do You Need a Permit to Build a Fence at Your Home?

Permits can keep your new fence nice and legal

Man installing wooden fence
Photo: Robert / Adobe Stock
Man installing wooden fence
Photo: Robert / Adobe Stock
Kyle Schurman
Written by Kyle Schurman
Contributing Writer
Updated January 29, 2024

Highlights

  • Local laws determine whether you need a permit for a fence.

  • Failure to obtain a permit could result in fines.

  • You might have to tear down an illegally built fence.

  • Hiring a pro usually means the pro handles permits for you.

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A fence can be a fantastic addition to your yard if you’re looking for a little more privacy or want to give your pups more space to play. Before taking on this project, you may wonder: do you need a permit to build a fence? The short answer is: it depends. Local laws and regulations determine what permitting rules you must follow. You may need a permit for all fences, or fences of a certain height or made of certain materials. You also may need a permit for a fence in a specific location on your property. Let’s dive into the details.

How Local Laws Determine Whether You Need a Permit to Build a Fence

Local governments may require a permit to build your fence in order to ensure that it’s in the correct location in relation to your property line. Local laws also may require approval of the design through the issuance of a permit to ensure the fence won’t collapse and injure someone in the near future.

How Do I Know If I Need a Permit?

Check with the zoning department or building inspection department in the city or county where you live to see if you need a permit to build a fence.

You can often visit your local government website to find the department you need to use. The website may have a list of rules regarding fence construction that you can use to determine whether you need a permit. Otherwise, you can call or email the correct department and simply ask whether you need a permit.

Before you call, you should have a general idea of the height, materials, and location of the fence that you want to build. Some small, simple fences may not need permits. Rural properties have different rules for fencing permits than urban properties, too.

Do I Need a Permit to Build a Fence That’s a Replacement for an Existing Fence?

Even if you’re simply replacing an existing fence, rather than building a new fence from scratch, you may need a permit. Check with your local government to determine whether a replacement fence requires permitting.

Will Obtaining Permits Affect My Fence Building Timelines?

When local laws determine that you need to obtain a building permit to build a fence, it can affect your project’s timeline.

For example, how long does it take to build a fence? It could take anywhere from a day to a few weeks, depending on the complexity of the design and who is doing the work.

If you need to obtain a permit, though, it likely will delay your ability to start the project, so you should include a little bit of extra time in your plan. Some local municipalities could give you a permit almost immediately. Others may take quite a bit longer, perhaps up to a couple of weeks.

Additionally, you may need to do a property survey for a fence to ensure it doesn’t extend onto your neighbor’s property. You may need to hire a local land surveyor to create the property survey and submit this information with your permit application. This process may take anywhere from a few days to a couple of weeks, potentially delaying your ability to obtain a permit and start the project.

What Do I Need to Do to Obtain a Fence Building Permit?

The steps you must follow to request a permit will depend on your local government rules. For some municipalities, you can digitally submit the required documents for the permit. In other places, you may need to visit your local department in person. Use the local department’s website or call the department to determine the exact steps.

What Happens After I Obtain the Permit?

After obtaining the permit, you can start building the fence. Just make sure you follow the plans you submitted. You may need to request a new permit if you decide to change your plans.

At some point, the local municipality may send an inspector to your property to make sure the fence you installed matches the plans you submitted. If the inspector decides you did not follow the rules of the permit, you may have to tear down the fence and start over.

Consequences for Building a Fence Without a Permit

Man assembling a modern wooden fence
Photo: andrew_shots / Adobe Stock

If you build a fence without getting a permit, you may face some consequences after the fact. Some potential problems include:

  • Forcing you to tear down or move the fence

  • Charging you with fines for each day you fail to move or tear down the fence

  • Fining you for building the fence in the first place

  • Allowing you to keep the fence, but charging you a fine and the cost of the permit

You could end up with quite a major expense from fines if you build the fence without a permit, potentially including attorney fees. Fines vary by location, but most locales charge at least a $50 fine. A fine of a few hundred dollars or more is not out of the question.

Considering a permit typically costs between $20 and $60, depending on your location, obtaining the permit before starting construction is the smarter choice from a cost perspective.

Hiring a Fence Pro Can Take the Permit Burden Off Your Shoulders

If you don’t want to worry about obtaining a permit, you may want to figure out how to hire a fence contractor who knows the ins and outs of the process. When wondering who to hire to build a fence, choosing to hire a local fence installer is the best option.

Before you hire a pro, make sure this person knows the local permitting requirements and can obtain the permits for you. The cost of permits often just rolls into the final invoice from the contractor. The installer can take accurate measurements, too, ensuring you have the correct amount of materials for the job.

How much does a fence cost to build when you hire a pro? An average fence costs about $3,100, but you could spend anywhere from $400 to $12,000, depending on fence materials and size. Expect labor costs to be about 50% of the total if you hire a pro.

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Learn more about our contributor
Kyle Schurman
Written by Kyle Schurman
Contributing Writer
Kyle Schurman has a passion for writing about topics ranging from home improvement to consumer electronics. His writing appears in online publications like Business Insider, New York Magazine, Scary Mommy, and multiple Tribune Publishing websites.
Kyle Schurman has a passion for writing about topics ranging from home improvement to consumer electronics. His writing appears in online publications like Business Insider, New York Magazine, Scary Mommy, and multiple Tribune Publishing websites.
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