construction fence

Construction Fence - A construction fence is a temporary barrier erected around a construction site to prevent unauthorized access and ensure public safety. Under the Construction Site Ordinance and state building codes, the project owner is required to erect a construction fence if the site poses a potential hazard to the public. The construction fence must be stable, sufficiently high (usually at least 2 meters), and closed.

Legal Requirements

The obligation to secure the construction site arises from several legal sources:

• Construction Site Ordinance (BaustellV): Requires the building owner to set up the construction site in such a way that hazards to the safety and health of persons are avoided. For construction sites involving multiple trades, a safety and health protection plan (SiGe-Plan) is required.
• Bavarian Building Code (Art. 10 BayBO): Construction sites must be set up in such a way that no hazards to public safety arise-this includes securing the site with construction fences of sufficient stability.
• Accident Prevention Regulations (DGUV): The German Social Accident Insurance Institution for the Construction Industry (BG Bau) mandates protective measures against unauthorized entry, particularly at construction sites in areas frequented by children.
• Road Traffic Law: If the construction fence extends into the public traffic area or encroaches on sidewalk space, a special use permit from the road traffic authority is required. In Nuremberg, the road traffic authority is the Public Order Office. The permit may include time and location restrictions.

Types and Installation

In practice, various types of construction fencing are used:

• Mobile fencing (construction fence panels): Transportable mesh fence panels made of galvanized steel (individual panels approx. 3.5 m long, 2 m high), which are placed in concrete bases and connected to one another-the standard for most construction sites. Quick to set up, easy to relocate, and simple to dismantle.
• Wooden construction fence: A solid board fence that blocks the view of the construction site and provides additional protection against dust and noise - frequently used for inner-city projects in sensitive areas, such as Nuremberg’s Old Town or busy pedestrian zones.
• Construction site barrier with privacy screen: A mobile fence with tensioned privacy tarps-a combination of a standard fence and a privacy screen, often used by developers to enhance the project’s appearance and printed with the project logo.

The construction fence must be illuminated and equipped with reflective warning markings in low-light conditions and when encroaching on public traffic areas. Missing or inadequate lighting constitutes a violation of the duty to ensure traffic safety and may result in liability for the building owner.

Construction Fences and Neighborhood Conflicts

A topic often underestimated in practice is the construction fence as a neighborhood issue. If the construction fence runs exactly along the property line, the builder needs the neighbor’s consent to access the other side, for example, for repairs or relocations. We recommend discussing the positioning of the construction fence with adjacent neighbors early on and documenting it in writing. This helps avoid conflicts over construction site access and damage to neighboring properties caused by construction vehicles.

Practical Tip for Property Owners in Nuremberg and Franconia

We recommend that builders in the Nuremberg metropolitan area erect the construction fence before construction begins and factor the costs into the construction planning. In densely built-up neighborhoods such as Gostenhof or the Südstadt, where construction sites often border directly on sidewalks and streets, a special use permit from the City of Nuremberg is absolutely required. The fees for the special use of public spaces depend on the area and duration and, for typical construction sites in Nuremberg, range from a few hundred to a few thousand euros for the entire construction phase. The construction fence must be illuminated and marked with reflective strips if it extends into the traffic area-the responsibility for traffic safety lies with the builder.

Frequently Asked Questions

Who is responsible for the construction fence?

The duty to ensure traffic safety lies with the building owner. They may contractually transfer this duty to the contractor or the site manager, but remain ultimately liable to injured parties. In the event of damage-for example, if a child enters the construction site through a gap in the fence and is injured-the building owner is liable if the safety measures were inadequate. We recommend specifying responsibility for the construction fence in writing in the building contract and securing it with building owner liability insurance that also covers damages resulting from inadequate construction site safety measures.

How much does a construction fence cost?

The rental cost for standard portable fence panels is approximately 2-5 euros per panel per week (one panel = approx. 3.5 m in length). For an average single-family home lot with a perimeter of 100 m, approximately 30 panels are required-the monthly cost is approximately 300-600 euros. Added to this are delivery and installation (flat rate: 200-500 euros), concrete bases (usually included in the rental price), and, if needed, privacy tarps (approx. 1-2 euros per running meter per week). Over a typical construction period of 12 months, construction fence costs total 4,000 to 8,000 euros.

Does the construction fence have to be removed immediately after construction is completed?

Yes, the construction fence must be removed immediately after construction work is completed and the hazard has been eliminated. In particular, if a special use permit for public space has been issued, timely removal is mandatory-failure to do so may result in increased fees or fines. Permanent construction fences around vacant lots may be objected to by the regulatory authorities and removed at the owner’s expense. We recommend reporting the end of construction work in a timely manner and returning the special use permit by the deadline.

Can the construction fence also be used as an information and communication medium?

Yes - especially for larger construction projects in inner-city locations, the construction fence is now actively used as a project communication surface. Developers and project managers attach large banners or digitally printed tarps featuring visualizations of the planned building, project names, and contact information. In Nuremberg’s city center and in projects such as the Nuremberg Europaviertel or the Neue Mitte Langwasser, this practice sets quality standards: An attractively designed construction fence looks professional, informs the neighborhood about construction progress, and can serve as a pre-marketing space for units not yet sold. The cost of a high-quality privacy fence with a printed banner for typical mid-range construction projects ranges from 3,000 to 8,000 euros for the entire construction phase-a relatively small budget for a significant boost in visibility.

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