Are you required to fence your land?
In principle, fencing your land is a right, not an obligation: Article 647 of the French Civil Code lets any owner enclose their property. In towns and suburbs, however, Article 663 lets one neighbour compel the other to contribute to a boundary fence, whose height follows local regulations and customs first.
The right to enclose, a general principle (Article 647)
Article 647 of the French Civil Code enshrines the right to enclose: any owner may fence off their property with a wall, a hedge, a wire fence, or a paling. This right is an expression of the right of ownership; it does not require the neighbour's agreement, subject to local planning rules and the right of way of Article 682 for a landlocked plot.
Fencing is thus a matter of the owner's freedom: in principle no one can compel it, and a fence built on their own land alone remains private, at their sole expense.
The compulsory fence in towns (Article 663)
By way of exception, Article 663 allows, in towns and suburbs, one to compel a neighbour to contribute to the building and repair of the fence separating their houses, yards, and gardens. A fence thus established in common is a party structure and comes under the regime of Articles 653 and following, its upkeep being at shared expense (Article 667).
Article 663 refers first to specific regulations and to settled and recognised local customs to set the height. Only failing those does it impose a minimum height on any dividing wall between neighbours built or re-established in the future: at least thirty-two decimetres (3.20 metres), coping included, in towns of fifty thousand souls and above, and twenty-six decimetres (2.60 metres) in the others. This minimum height concerns the dividing wall, not every form of fence.
Private or party fence: what changes
A fence built entirely on one's own land stays private: the owner alone bears its cost and upkeep, and the neighbour has no right over it. Built on the boundary and shared, it becomes a party structure and follows the regime of Articles 653 and following. The heights in Article 663 apply only where there are no local rules: the local urban plan (plan local d'urbanisme, or PLU) may set other requirements, to be checked at the town hall.
Failing a regulation or a local custom, Article 663 sets the minimum height of the dividing wall, coping included, at 3.20 metres (thirty-two decimetres) in towns of fifty thousand souls and above, and at 2.60 metres (twenty-six decimetres) in other towns and suburbs.
| Town | Minimum height, coping included |
|---|---|
| Fifty thousand inhabitants and above | 3.20 metres (thirty-two decimetres) |
| Other towns and suburbs | 2.60 metres (twenty-six decimetres) |
Minimum height of a boundary wall where no local rule or custom applies (Article 663)
Frequently asked questions
Can my neighbour force me to contribute to a fence?
In towns and suburbs, yes. Article 663 lets one neighbour compel the other to contribute to the fence separating their houses, yards, and gardens. Outside urban areas, the right to enclose remains optional and the fence stays the responsibility of whoever builds it.
Do you need a permit to build a fence?
Not always. Article R. 421-12 of the French Planning Code (Code de l'urbanisme) makes a fence subject to a prior declaration in four cases: within the perimeter of a remarkable heritage site or the surroundings of a historic monument, in a listed or classified site, in a sector delimited by the local urban plan (PLU), and in a municipality where the municipal council or the competent inter-municipal body has so decided. The PLU may also govern the height, appearance, and materials of the fence.
What is the maximum height for a fence?
The French Civil Code sets a minimum height for the dividing wall in the case of a compulsory fence (Article 663), not a general maximum. The maximum height is a matter for the local urban plan or local customs, which should be checked at the town hall before building a fence.
Read next
- Code civil, article 647 (Légifrance)
- Code civil, article 663 (Légifrance)
- Code civil, article 667 (Légifrance)
- Code civil, article 682 (Légifrance)
- Code de l'urbanisme, article R. 421-12 (Légifrance)
- Service-Public.fr : Construire une clôture
A question about your plans?
Realistic price, order of the steps, agency fees on a sale. Book a video call with a BRIVEO adviser, free and with no commitment.
Talk to a property adviser