Do You Need a Permit to Build a Fence on Your Property, and What Happens If You Don’t Have One?

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 may also need a permit for a fence in a specific location on your property. Let’s dive into the details.

Why Is a Permit Needed to Build a Fence?

Some municipalities and counties may require a permit to build a fence. For example, urban areas often require a fencing permit because of the close distance between properties and from properties to busy streets. A permit ensures the new fence is built only on your property. The same goes if you live in a protected zone or with major utilities nearby.

Either way, always call 811 to mark the utilities before digging. This one step could save you a lot of unnecessary hassle, fines, and repair costs. Finally, fences over 6 feet tall or heavy-duty fences made with concrete, masonry, or stone may also require a permit.

What Happens if You Put Up a Fence Without a Permit?

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

If you build the fence without a permit, you could end up with quite a major expense from fines, 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.

How to Find Out if You Need a Permit to Build a Fence

Not sure if you need a permit to build a fence? It’s best to check with the authorities. Generally, the zoning department or building inspection department for your municipality or county is a good place to start. Sometimes, you can find general permitting requirements on your local government’s website. Other times, you might need to contact the department with the proposed height, materials, location, and design of your future fence to see if a permit is necessary.

Do You Need a Permit to Replace 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.

How Long Will It Take to Obtain a Permit for a Fence?

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.

How Do You Obtain a Fence Building Permit?

The permit application process depends on your local government's rules. Some municipalities use a digital application system, whereas others require you to submit a hard copy in person or via certified mail. Once you’ve received your permit, you can start building the fence. However, be ready for a final inspection upon completion of construction. If you deviated from the permitted building plans, you may need to tear down your fence and rebuild.

Will Fence Pros Take Care of the Permit Process?

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 contractor's final invoice. The installer can also take accurate measurements, 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.