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If a privacy screen is to be attached to the neighbor's fence, the question often arises as to whether this is even possible. You will find the most important information on the subject in this article.

In a nutshell

  • Eye protection not allowed
  • permission required
  • Observe regulations when attaching

Neighboring fence privacy screen allowed?

A privacy screen on the neighboring fence is a difficult matter. The reason: the fence is part of the neighbor's property and for this reason may not be built on, hung or otherwise adapted by you. For this reason, this question can generally be answered with a 'no'. The only way you can attach a privacy screen to your neighbor's fence is with your neighbor's permission. If your neighbor has no objection to the project, nothing stands in the way of privacy protection. Just be aware that you should cover the following costs:

  • material costs
  • maintenance
  • Repairs and other modernizations.

Since you want to attach the privacy screen to the neighboring fence, you have to take care of the financial burden of the project yourself. You also have to bear possible repair costs on the neighboring fence if these are caused, for example, by your privacy screen made of climbing plants. Furthermore, when choosing the privacy screen, you must ensure that it matches the neighboring fence. Above all, these points should be considered:

  • must not exceed fence height
  • The weight of the material is not too high
  • to match the appearance of the fence
  • regulations of the country

Notice: If you have made an agreement with your neighbor and they are moving house, you should contact the new owner as soon as possible. If this does not tolerate the privacy screen, you must remove it again.

Fences on the property line

A particularly sensitive case are fences that have been erected on property lines. They are erected directly on the border with the neighbor if a common enclosing obligation is prescribed or elected. In this case, the enclosure is considered the property of both neighbors. That means, in theory, you can attach a privacy screen whenever you wish. In this case, however, you should discuss this with your neighbor beforehand so that there are no tensions and possible problems in the future. A compromise between the two parties, for example in terms of style, is always advisable.

Neighbor's right to privacy

If you do not get permission from your neighbor for the privacy screen or if the fence is not directly on the property line, you must erect it in accordance with the legal templates of your state and municipality. These include:

  • Civil Code § 903 to § 924
  • state building regulations
  • neighboring law of the federal state
  • zoning plans in their community

In these you will find the necessary information for erecting a fence and privacy screen. It is imperative that you comply with these regulations, otherwise you will have to tear down the fence again. The information in the neighboring law is particularly important so that you do not move your fences in an unauthorized place. This information includes the following, which may vary from state to state:

  • Minimum distance to the property line
  • maximum height

Notice: If no fence is necessary, you can simply place the privacy screen on the fence on your property. You must again observe the minimum distance to the neighboring property and the height.

frequently asked Questions

In which federal states does there not exist a law on neighboring rights?

If you live in Hamburg or Mecklenburg-West Pomerania, there are no neighboring rights. However, you do not have a free pass if you want to attach your privacy screen to the neighboring fence. In these federal states, other regulations apply, which you should find out before implementing the project.

What is the difference between dead and living enclosures?

A dead enclosure is, for example, a fence or a wall. Living enclosures, on the other hand, refer to hedges, shrubs or border trees that must be maintained by a neighbor and adjusted in terms of width and height in accordance with legal regulations. Eye protection is also classified under these designations. A climbing plant screen, for example, is a living enclosure.

Is a building permit required for the privacy screen?

If you are allowed to attach the privacy screen to your neighbor's border fence, it should not exceed a height of 180 centimeters. In the majority of municipalities, a privacy screen up to this height does not require a permit. Be sure to check the regulations to be on the safe side.

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