What are fence laws?

Many homeowners often overlook fence regulations, even though they can affect the legality of construction and relationships with neighbors. So, what types of fences are legal? Let's look at the laws related to fence construction and what you should know.

What are Fence Laws?

Fence laws refer to legal regulations governing the construction of fences or walls between properties, such as fence height, setback distances, and shared use with neighbors, to prevent disputes and maintain order in the use of the area.

Fences or walls that require a construction permit, as they are considered buildings under the Building Control Act, fall into two categories: fences adjacent to public land and fences that are 10 meters or higher.

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Regulations for Fence Construction under Fence Laws

This requires referring to Ministerial Regulation No. 55 (B.E. 2543), issued under the Building Control Act, which contains various regulations regarding fences, including:

Article 5: Fences or walls separating property at the corner of a public road with a width of 3 meters or more and an angle less than 135 degrees must have the corners of the fence or wall beveled. The beveled section must have a length of at least 4 meters and form equal angles with the public road.

Article 42 stipulates that fence construction does not require setbacks from public land like other buildings.

Article 47 states that fences or walls constructed adjacent to or less than the fence's height from a public road may be built no higher than 3 meters above the level of the sidewalk or public road.

However, for fence heights in Bangkok, the Bangkok Metropolitan Administration's Building Control Regulations B.E. 2544 (2001), Article 50, defines it as follows:

“Article 50. Buildings constructed or modified near a public road less than 6 meters wide must be set back at least 3 meters from the center of the public road. No part of the building may encroach into this setback, except for fences or boundary walls that are no higher than 2 meters.”

This means that fences in Bangkok built adjacent to neighboring land or public land without setbacks, according to the law, must not exceed 2 meters in height. However, in other areas, they can be built up to 3 meters high.

Regarding the shape, design, and thickness of fences or walls, there are no specific laws governing them.

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Where exactly should a fence be built along the boundary?

The location of the fence depends on property ownership laws. If it borders public land, the entire fence must be within your property; no part can encroach on the public land. However, if it borders private land, unless a prior agreement is reached, the fence must be built entirely within your property. If an agreement is reached, the fence can be built in the middle of the boundary.

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Rights on a fence bordering private land

If you build the entire fence within your own property, it is yours alone. Your neighbor cannot alter it. However, if you build it in the middle of the boundary with your neighbor's consent, and unless a special agreement is reached, it is implicitly considered joint property between you and your neighbor.
Therefore, the fence bordering your neighbor is their right; they can paint it or do anything with it as long as it doesn't affect your property structure. For fence repairs, the owner with sole ownership is responsible. If it's joint ownership, they share the repair costs.

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Thank you for the helpful information from DD Property.