A wood fence in a backyard

A Guide to the By-laws Regarding Fences in Milton, Oakville and Burlington

Building or repairing a fence? Then be sure to check the municipal by-laws in your town before you break ground. If your new or existing fence is found to be in violation of local laws, you’ll be required to pay a fine and modify your enclosure so it’s in compliance with the city’s regulations regarding fences.

Do municipal fencing by-laws apply to me?

The municipal fencing by-laws in place in Burlington, Milton and Oakville apply to most property owners. 

How tall can my fence be?

Maximum fence heights vary by municipality. Fences along the sides and back of your property can usually be no higher than two metres. Generally in the front yard, they shouldn’t be higher than one metre. Furthermore, in all cities, these rules vary for corner lots and all property owners must allow for visibility from the road.

Check with your municipality for exact guidelines.

Are permits needed to build fences?

In Burlington and Milton, you do not need a permit to build a fence. 

In Oakville, you need to obtain a permit if you’re building a fence out of brick, stone, cement or masonry that’s taller than 0.6 metres.

Can I split the costs with my neighbour?

If you’d like to build a fence on the division line between two properties and your neighbour agrees, you may share reasonable and just portions of the cost.

What if my neighbour doesn’t want to pay for his portion of the fence?

If your neighbour doesn’t agree with the proposed building of a fence along the property line, in all three cities, they can be required to pay for half of the “basic cost” of a new fence. This is equal to no more than half of the expense of installing a chain link fence that’s 1.2 metres tall.

If you wish to enforce this by-law, you are required to notify the adjoining owner of your intentions by registered mail no less than 14 days before the work begins. Furthermore, residents of Burlington are required to provide three written quotes for the basic cost of a fence.

Am I required to have a fence?

In most cases, you don’t have to have a fence surrounding your property if you don’t want one. However, in all three cities, if you have a swimming pool, you are required to have an enclosure. 

If you’re in the market for a new wood, wrought iron or chain link fence, call Davis Fences. We are accustomed to working within Milton, Burlington and Oakville by-laws, and can make sure your new fence is built following local regulations. Call us today to find out more about our services.