Fencing

Fencing - Fencing refers to the demarcation of a property from neighboring properties or public areas using fences, walls, hedges, or other boundary structures. In Bavaria, fencing is subject to neighbor law (BayAGBGB), municipal statutes (e.g., design statutes, zoning plans), and-for certain heights-the Bavarian Building Code (BayBO). Disputes over fencing are among the most common neighbor law conflicts.

Legal Basis in Bavaria

Obligation to Enclose

In Bavaria, according to Art. 47 BayAGBGB, there is an obligation to enclose the property toward the neighbor if the neighbor requests an enclosure and demonstrates a legitimate interest (e.g., protection from animals, children, or unwanted entry). The costs of the enclosure are generally borne equally by both neighbors - in the case of a shared boundary enclosure.

Exemption from Permits and Limits

• Exempt from Permits (BayBO Art. 57): Enclosures up to 2.00 m in height do not require a permit in Bavaria
• Setback Areas: Fences up to 2.00 m may be erected at the property line - beyond that, setback regulations apply
• Zoning plan: Many zoning plans in Nuremberg specify materials, heights, and types of construction (e.g., “only wooden slat fences up to 1.20 m” or “hedges made of site-appropriate shrubs”)

Distance regulations for living fences (hedges)

In Bavaria, minimum distances apply according to Art. 47-50 BayAGBGB:

• Hedges up to 2.00 m in height: Minimum distance of 0.50 m from the property line
• Hedges over 2.00 m in height: Minimum distance of 2.00 m from the property line
• The neighbor may demand removal or trimming if the distances are not maintained

Typical Types of Fences and Costs

Type of Fence	Cost per running meter	Lifespan	Maintenance
Chain-link fence	€15-40	15-25 years	Low
Wooden slat fence	€40-100	10-20 years	Medium (painting)
Double-wire mesh fence	€50-120	25-40 years	Low
Natural stone wall	€150-400	50+ years	None
Hornbeam hedge	€20-50 (planting)	Unlimited	High (pruning twice a year)
Gabion wall	€100-250	30-50 years	Low

Fencing and Property Boundaries

A common problem with fencing is the exact location of the property boundary. Many older fences were not built exactly on the boundary and have shifted position over time due to settlement or movement. If you are planning a new fence, we recommend first commissioning a cadastral survey by the land surveying office or a publicly certified surveyor to determine the exact location of the boundary. Cost: approx. €500-1,500 depending on the size and location of the property. This investment pays off by preventing future neighborhood disputes over improperly placed fences.

Practical Tip for Property Owners in Nuremberg and Franconia

Before erecting a fence in Nuremberg, you should check three things: 1. the zoning plan (are there specifications regarding material, height, or design?), 2. the district’s design guidelines, and 3. seek a conversation with your neighbor. Most fence disputes arise because neighbors were not informed in advance. In Nuremberg’s row house developments and garden city neighborhoods, zoning plans often require low, open fences (max. 1.20 m, wooden slats, or hedges)-solid walls or opaque fences over 1.80 m are frequently not permitted there. Violations may be penalized by the City of Nuremberg’s Building Authority with a demolition order. In the surrounding Franconian area (Schwabach, Zirndorf, Roth), municipal ordinances apply, which set different requirements depending on the municipality - if in doubt, check with the respective Building Authority.

Frequently Asked Questions

Do I need a permit for a fence in Nuremberg?

Fences up to 2.00 m in height are permit-free in Bavaria under Art. 57 BayBO. However, this does not mean you can build whatever you want: The requirements of the zoning plan, the design regulations, and neighbor law must still be complied with. For fences over 2.00 m, a building permit is required-and approval is by no means guaranteed if the zoning plan stipulates lower heights. Recommendation: Check the zoning plan online in advance via BayernAtlas or inquire with the Building Authority of the City of Nuremberg-a quick inquiry can prevent costly demolition measures.

Does my neighbor have to pay half the cost of the fence?

If you erect the fence on the shared property line and the neighbor has a legitimate interest in the fence (or you are erecting it at their request), then yes-according to Art. 47 of the Bavarian Civil Code (BayAGBGB), both neighbors bear half the costs. If you erect the fence on your own property (inside the boundary), you bear the costs alone, but you are also the sole owner and can freely choose the materials and design, as long as public law regulations are complied with.

Can my neighbor plant a 2-meter-high hedge right up against the boundary?

No-in Bavaria, a hedge up to 2.00 m in height must maintain a minimum distance of 0.50 m from the property line. If the hedge is taller than 2.00 m, the distance must be at least 2.00 m. If the neighbor does not comply with these distances, you can demand that they remove or trim the hedge. If they do not respond, you can enforce your claims in court after setting a deadline-however, the statute of limitations for claims for removal is only 5 years from the time you become aware of the boundary violation, so prompt action is advisable.

Fencing and Property Value

Well-designed fencing contributes to a property’s first impression and can increase its perceived value. Especially in upscale residential areas of Nuremberg-such as Burgthann, Gartenstadt, or Zerzabelshof-the quality of the fencing reflects the standard of the property as a whole. Neglected, crooked fencing or an overgrown hedge can deter potential buyers and give the buyer more leverage in negotiations.

We recommend that owners looking to sell their property tidy up the fencing before marketing begins: trim hedges, replace rotted wooden elements, and paint rusty metal parts. The effort required is minimal compared to the potential impact on the selling price-neat, presentable fencing conveys that the entire property is well-maintained and retains its value. For older properties, it is also important to check whether the property line is still exactly on the property boundary or whether shifts have occurred over the decades that could lead to disputes during the sale.

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