Anyone wanting to fence in their property in Bavaria quickly faces the question: How high can a fence be without a permit? For hobby gardeners, animal lovers or simply those who value privacy, it is important to know: what does the law say? Fences made of metal mesh are particularly popular, but wooden fences or opaque privacy screens also shape the Bavarian landscape. The maximum fence height depends on various factors, including not only the fence type or material, but also the location, the development plan and even the neighbours’ consent. In this article, you will learn how to play it safe when building a fence, without later being confronted with dismantling orders or fines.
The legal framework for fence height in Bavaria
Let’s start with the basics: the height of a fence and the need for a permit in Bavaria are largely regulated by the Bavarian Building Code (BayBO). In addition, there are local development plans and, in some cases, neighbour regulations. Anyone who thinks they can simply put up a fence as they please is mistaken.
- Bavarian Building Code: The key legal provisions on enclosures and fence height are set out in the BayBO, in particular in Art. 57 and Art. 6.
- Difference between boundary, fence and privacy screen: A boundary (Einfriedung) refers to any type of property demarcation. A fence is usually an open boundary such as wire, metal mesh or wooden slats. Privacy fences are tall and opaque and are often subject to stricter regulations.
- Customary local enclosure: This term means that the boundary of a property corresponds to what is customary in the region. What is accepted in one place may be considered inadmissible elsewhere.
- Impact of the local development plan: Development plans and municipal bylaws can set upper limits or prescribe specific types of fencing.
The maximum permitted fence height varies not only within Bavaria, but also from one federal state to another.how high can a fence be in Baden-Württemberg? In this federal state, specific regulations apply that in some cases differ from those in other regions.
The most important legal requirements for fence height
The Bavarian Building Code (BayBO) stipulates that simple boundaries are possible without a building permit, as long as the fence height and type of fence comply with the regulations. Different limit values apply to fences and privacy screens – particularly relevant are 1.20 meters and 2.00 meters. But when does which height apply? And what if you want to install a metal mesh?
“The manufacture, erection, attachment, alteration and change of use of enclosures up to a height of 2 m, except in outdoor areas, are exempt from procedure.” – Bavarian Building Code (BayBO), Art. 57 para. 1 no. 11
Comparison of typical maximum fence heights without planning permission
Depending on the location of your property and the building density, the permitted fence heights without planning permission in Bavaria vary considerably. Note: Different municipalities or cities may have additional regulations. An overview of the most common property types:
| Type of property | Permitted fence height without a permit |
|---|---|
| Residential area | 1.20 to 2.00 meters |
| Indoors | Up to 2.00 meters |
| Outdoor area | 1.20 to 1.50 meters (regional) |
| Roadside | 1.00 to 1.20 metres |
In purely residential areas, a metal mesh fence is usually allowed to be up to 2.00 metres high, provided that no local development plan explicitly limits this. Along roads, however, lower maximum heights often apply.
Example overview: Fence types and recommended boundary heights
Not only the location influences the maximum fence height. The material chosen – for example, whether it is a simple wire mesh, a wooden fence or an opaque privacy fence – is also important. Here is an overview of common fence types and their recommended maximum heights:
| Fence type | Recommended maximum height without permit |
|---|---|
| Maschendrahtzaun | 1.20 to 1.50 meters |
| Wooden fence | 1.50 to 1.80 metres |
| Sichtschutzzaun | 1.80 to 2.00 metres |
Note: While a simple wire fence or chain-link fence rarely requires permits for heights over 1.50 m, solid privacy fences are particularly critical and often need to be carefully checked once they exceed 1.80 m in height.
Special exceptions and local variations
In addition to the general regulations, there are some surprising exceptions. The role of the local development plan and private agreements between neighbors is particularly crucial.
The role of the development plan and neighbour agreements
The development plan of your municipality may define specific maximum heights for boundary structures. In addition, with the explicit consent of your neighbor, even higher fences are possible, provided no other public interests are affected.
- Exceeding legal height limits through municipal bylaws: In individual cases, the municipality may approve a higher enclosure, for example to protect against noise or road dust.
- Regulation through neighborly consent: If the neighbor is involved and both agree on the fence height, deviations (for example with a privacy fence) are more often legally acceptable.
- Local specifics: Different standards apply in Munich than in rural areas. In some places an open type of fencing is required, in others privacy fences are desired or prohibited.
The most important municipal differences in Bavaria
Want to know what is permitted in your municipality? The following table provides a rough overview of typical local particularities.
| Community | Maximum fence height according to the plan | Special exceptions |
|---|---|---|
| City of Munich | 1.50 meters | Deviations in individual cases |
| District of Augsburg | Up to 2.00 metres | Partly customized |
| Rural areas | Often 1.20–1.50 meters | Depending on development plans |
It is advisable to always check directly with your local authority before planning a tall fence. This way you avoid surprises or unnecessary conflicts with the building authority.
Need for a permit for different fence heights
There is often uncertainty about when a building permit is required for fence construction. The following overview provides guidance:
| Fence height | Permit required | Comment |
|---|---|---|
| Up to 1.20 metres | No | Generally permitted everywhere |
| 1.20–1.80 meters | Rare | Depending on municipality/type |
| Over 1.80 meters | Ja | Only with exemption/permit |
Public spaces and intersections often have even stricter rules for privacy screens or tall fences to ensure traffic safety and neighborhood rights.
Distances, boundary lines and liability in the case of fences
Even the most beautiful fence can cause trouble if clearances are not observed. The key issues are the legally required distances and whether the fence is erected directly on the property line or set back from it.
Legally required distances and their exceptions
As a rule, boundary enclosures up to 2.00 meters in Bavaria may be placed directly on the property line—provided they comply with local regulations and the development plan. Anything higher is viewed critically:
| Fence height/boundary | Minimal distance | Explanation |
|---|---|---|
| Up to 2.00 metres | 0.00 metres | Permitted on the property boundary |
| Over 2.00 meters | 0.50–2.00 meters | Depending on municipality and material |
Privacy fences over 2 meters almost always require a setback from the property line and a building permit. Anyone who builds too close must expect consequences.
How to avoid fence disputes and fines
Building a fence in Bavaria is not rocket science – as long as you know the key rules and exceptions!
- Always check your local authority’s regulations or the development plan.
- Most metal mesh fences as well as wooden fences are permitted up to 2.00 meters – but always check for local variations in municipal regulations!
- A privacy fence from 1.80 meters in height may require consent and a permit.
- With clear agreements and good relations with your neighbor, many conflicts can be avoided.
- If in doubt, call your local building authority: this helps avoid unnecessary legal disputes.
Anyone who does their research and pays attention to regulations can put up their fence – whether as a stylish metal mesh or solid wood – without stress.
The Bavarian regulations offer some leeway, but the details matter – especially when it comes to the many surprising exceptions.