I am on a zero lot line with a maintenance access right of way. My neighbours replaced the fence which came off the back corner of my house both to the back fence and across to their house. Instead of putting the front facing fence with the gate in the same place they moved it half way up the side of my garage, (which is right on the mainteance access line). Now half of the side of my garage is fenced off into their yard. They said the will unattach it from my siding but want to leave it right beside my siding. I was under the impression there is a 3 ft rule or 'code' that would prohibit this. When I did the fence on the other side the guy who built it made sure it was 3 feet from my neighbours siding. Can anyone direct me where I can get this information? I've called 311 and City planning but they said they don't address fences. Maybe I got the wrong office? Surely there must be a rule about how close you can have anything to your neighbours house...right of way or not. Appriciate any and all advice please and thank you!
You got the correct information from the City. The Building Code does not address fences with some exceptions: i.e. a non-climbable fence is required if you have a pool (or any body of water 2' in depth), in which case it just talks about minimum height (of 6'); also a situation where a fence may be required to act as a guard if there is a difference in elevation of over 2' (for example if a fence is being used to guard an entrance step and landing) in which case the Code only talks about required height and strength to act as a guard.
Development regulations deal with fencing and impose height limits depending on where the fence is (i.e. front vs. back yard) and rules of not using fences (fence posts) as part of a retaining wall.
The reason fencing is not addressed in the Code is that first off a fence doesn't fall under the definition of a building (unless for example the fence posts were also supporting a building). Retaining walls are likewise not addressed in the Building Code.
Hope this helps.
Ian Derksen - Building Safety Codes Officer (SCO)
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