While in the United States, there are few houses whose land is delimited by a fence, in France, practically all the pavilions and villas have their garden well closed by a wall, a fence or other fence. Moreover, a property with enclosed land will sell much better than one open to all winds. Are there any rules to follow to install a compliant fence, by the way?
Respect town planning rules
As always when it comes to work, it is better to start by going to the town planning department of your municipality to find out if the installation you are planning is authorized and requires a prior declaration of work. The municipality can regulate, in particular in terms of height the construction of fences.
In general, the owner is free to enclose his land as long as this does not hinder a good flow of water or, for example, that it does not obstruct a right of way.
Systematically, a prior declaration of work (CERFA n ° 13404 * 06) will be required if the wall is more than 2 meters high, if the future fence is in a protected area, on the perimeter of a listed natural site or monument. or registered under the Environmental Code, in the field of visibility of a historic monument, in an architectural, urban and landscape heritage protection zone or in an architectural and heritage enhancement area, in a sector that the local urban plan (PLU) has defined as a sector to be protected, or in a municipality that has decided to impose a declaration of works for fencing projects.
In the absence of town planning rules imposed by the municipality, article 663 of the Civil Code applies which requires compliance with the minimum height rule of 3.20 meters in height at least in towns of 50,000 inhabitants and more, or 2.60 meters in height in other cities.
If your house is located in a subdivision, you will also have to respect the specifications that it imposes in terms of materials used, height, color, appearance, etc.
Respect the neighbors
The fence must be installed on your land, but it must not encroach on that of your neighbor and not be installed in the middle of the dividing line between the two properties. Otherwise, your neighbor will be entitled to have you demolished or removed this fence, by bringing the case to court before the Tribunal de Grande Instance. In any case, your neighbor cannot question the construction of your fence as long as it is on your land: for example, if you have fixed a wooden fence on the edge of your land to isolate you from the eyes of your neighbor, the latter cannot ask you to change it for an aluminum fence on the pretext that he prefers this material
The municipality can also impose distances to be respected vis-à-vis public roads (paths, etc.).
If you get along well with your neighbor and you agree to erect a fence wall between your respective lots, then it will be a joint fence governed by articles 653, 654, 661 and 663 of the Civil Code. This specific form of co-ownership imposes rights and duties, in particular for the maintenance of the wall.
All these regulations concern fences, whatever the materials used, whether they are walls, netting, grating, solid or open palisade, gate, door, trellis, piles, barbed wire, harrows, etc.