Main points
- Ukrainian legislation does not specify who should pay for installing a fence between neighbors, so they can agree on how to divide the costs.
- Building codes in Ukraine stipulate that the fence should be no higher than 2 meters between plots and 2.5 meters from the street side, and should not interfere with neighbors.
Who should pay for the fence between neighbors / Pexels
A fence between neighbors not only helps define the boundaries of a property but also maintains privacy. However, its installation often causes arguments between people about who should pay for it.
Who should pay for installing the fence?
Ukrainian legislation does not clearly state which of the neighbors should bear the costs of installing a fence, notes the Department of Urban Planning, Architecture and Land Relations of the Zvyahel City Council.
Usually, installing a fence is in the interests of both neighbors. This allows:
- physically define the boundaries of possessions;
- to protect the household from the visit of “unwanted guests” if the neighbors have animals;
- avoid disputes due to possible violations of site boundaries, etc.
Therefore, neighbors can agree on dividing the costs of installing a fence according to their own wishes and capabilities.
If one of the neighbors refuses to pay for the fence, the other can install it at their own expense, but in compliance with the requirements of the law.
How to install a fence without any damage?
Building codes in Ukraine stipulate that a person can only install a fence with a neighbor within their own land plot.
In addition, the fence should not extend beyond the “red line” of the street. That is, the fence must adhere to the boundaries specified in the land documents.
If the fence is located within a person's land plot, it is not necessary to coordinate its installation with neighbors.
However, the legislation defines technical standards that must be followed during construction:
- the height of the fence between neighboring plots should not exceed 2 meters;
- On the street side, the fence cannot be higher than 2.5 meters.
Please note! According to the Resolution of the Cabinet of Ministers of Ukraine No. 406, permission is not required to install a fence without a foundation.
What to do if a neighbor breaks the law?
The law obliges Ukrainians to use land plots in a way that does not disturb their neighbors. That is why the maximum height of the fence is determined. The fence should not:
- to block the adjacent area from light;
- interfere with the ventilation of surrounding areas;
- violate other rights of the owner.
According to Article 152 of the Code of Ukraine on Administrative Offenses, for installing a fence higher than the norm, you will have to pay a fine:
- for ordinary citizens it is from 340 to 1,360 hryvnias;
- for entrepreneurs and officials – from 850 hryvnias to 1,700 hryvnias.
In addition, you will have to completely replace the fence or change its design.
So before building something massive on the border, it's better to discuss it with your neighbor.
Important! If your neighbor has installed a “blind” fence three meters high and categorically refuses to change anything, you can contact the local council's landscaping commission. You can also take the violator to court.
What else do you need to know about the boundary between neighbors?
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Local governments in cities and towns have the right to introduce additional building regulations. In particular, they can regulate issues such as fence heights. However, these requirements only supplement state building codes and cannot contradict them.
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At the same time, as lawyers Olena Yurets and Maryna Sharapa explained to Channel 24, the boundaries of adjacent private plots can be changed by mutual consent of the owners. For this, a specific procedure must be followed.
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First, the parties must draw up a written agreement. After that, the relevant documentation is developed, changes are made to the State Land Cadastre, and if necessary, to the State Register of Real Property Rights.