Boundary fences in Germany: how high you can build, when you need a permit, and who pays

A buyer moving from the Netherlands, the UK or the US often wants one thing after the keys are handed over: a tall privacy screen along the side boundary. In Germany that single fence can be governed by four sets of rules at once, and they come from different authorities that do not talk to each other. The state building code decides whether you need a permit. The town's development plan or a local fence bylaw can cap the height lower. If the plot lies outside the built-up area, federal planning law applies. And the state's neighbour law decides what the person next door can demand, in a civil court, regardless of what the building office thinks.

A case from Saxony-Anhalt shows how this plays out. A neighbour sued over the privacy cladding on a garden fence, relying on the state's Neighbour Act (Nachbarschaftsgesetz, NbG LSA). The regional court in Halle partly agreed with him. On 21 September 2022 the Higher Regional Court (Oberlandesgericht, OLG) in Naumburg reversed that. It held that he had no claim under section 1004 of the Civil Code (BGB) together with sections 22, 23 and 28 NbG LSA, because the requirement that a fence be "customary for the locality" (ortsüblich, section 23) applies, in the court's reading, only to fences an owner is obliged to build under section 22, not to a fence someone puts up voluntarily. The court followed its own earlier rulings from 2015 and 2020.

This guide explains each layer for a foreign buyer, using Saxony-Anhalt as the running example and comparing Bavaria and North Rhine-Westphalia. For other permit-free structures (sheds, carports, pools), see our comparison of permit-free building by state. Planting distances are in the guide on neighbour boundaries, plants and fences. Legal position as of 2 November 2026.

Glossary

Glossary

German term	Meaning
Einfriedung	Any enclosure of a plot: fence, wall, hedge
verfahrensfrei	Exempt from any permit procedure (not exempt from the rules)
Bauordnung (BauO, BayBO)	State building code; each of the 16 states has its own
Bauaufsichtsbehörde	Building control authority, usually at district or city level
Bebauungsplan (B-Plan)	Local development plan, often with rules on fences
Einfriedungssatzung / Gestaltungssatzung	Local bylaw on fences / on design
Außenbereich	Land outside the built-up area and outside a development plan
Nachbarrechtsgesetz	State neighbour law (fence duties, cost, location)
ortsüblich	Customary for the locality
Grenzeinrichtung	Shared boundary structure (sections 921–922 BGB)

Source: Figures from this guide, documented under “Sources”

Layer 1: the state building code

All three states compared here use nearly the same formula: walls, retaining walls and fences up to 2 m high are permit-free, except in the Außenbereich.

Layer 1: the state building code

State	Provision	Permit-free
Saxony-Anhalt	§ 60(1) no. 7 a BauO LSA	walls including retaining walls and fences up to 2 m, except outside the built-up area
Bavaria	Art. 57(1) no. 7 a BayBO	the same; the current text also names privacy screen fences and terrace partition walls
North Rhine-Westphalia	§ 62(1) no. 7 a BauO NRW	fences up to 2 m, except outside the built-up area

Source: Figures from this guide, documented under “Sources”

"Permit-free" means no application, not no rules. A permit-free fence must still comply with the development plan and any local bylaw. The Hanover region states this expressly for Lower Saxony. If the building office later finds that your fence breaks the plan, it can order you to change it, whether or not a permit was needed.

How the 2 m is measured

Two Bavarian cases set the practical limits.

• Munich Administrative Court, 6 March 2023 (M 8 K 21.2158): a fence measured at about 2.6 m was outside the permit-free rule.
• Bavarian Higher Administrative Court, 27 March 2026 (9 ZB 24.433): a gabion wall sat on L-shaped concrete elements. The court read the exemption narrowly: splitting one structure into parts that would each be permit-free circumvents the rule. Height was measured from ground level on the street side of the plot, with the concrete base and the gabions counted together.

Worked example:

Element	Height
Concrete plinth	0.30 m
Welded mesh panel with privacy strips	1.80 m
Total	2.10 m
Permit-free limit	2.00 m
Over the limit by	0.10 m

A popular 1.80 m panel on a 30 cm plinth is therefore a permit case. Choose a 1.60 m panel, or set the panels without a raised plinth.

On sloping plots the reference point matters. If the neighbour's garden is 0.50 m lower, a 1.60 m fence looks like 2.10 m from their side. For neighbour-law purposes in Saxony-Anhalt, a commentary on the Naumburg judgment reports that height is measured from the lower plot. Ask the building office before you build on a slope and get the answer in writing.

Layer 2: the development plan and local bylaws

Many towns cap fences lower than the state code, especially along the street.

Development plan. New estates often have written rules on enclosures in the text part of the plan, not on the drawing: maximum height towards the street, no walls, hedges only. Our guide to zoning and buildability explains how to find and read the plan.

Fence bylaw. Some municipalities have a dedicated bylaw. The market town of Altusried in the Allgäu, Bavaria, is a published example (fence bylaw as amended on 25 March 2022):

Zone	Maximum height
A, along roads	1.20 m
B, along roads and public areas	1.40 m; single taller elements up to 1.80 m high and at most 2.0 m long
C	2.0 m

Height is measured from the top of the natural ground of the plot. Permitted materials are metal, wood, plastic, live hedges and combinations. A 1.80 m privacy screen along the road in zone A would be 0.60 m too high, even though Art. 57 BayBO would let it go without a permit. The City of Munich has its own fence bylaw too.

Where to look: the town website under "Ortsrecht" or "Satzungen", and the development plan. If in doubt, email the building office (Bauamt) with the parcel number (Flurstücksnummer) and ask: "Gibt es für dieses Flurstück eine Einfriedungssatzung oder Festsetzungen zu Einfriedungen?"

Layer 3: fences in open countryside

Outside the built-up area none of the three codes makes fences permit-free. The fence needs a permit, assessed under section 35 of the Federal Building Code (BauGB). A fence around a leisure garden or a house in the countryside is treated as an "other" project under section 35(2) BauGB and must not harm public interests. On 29 January 2026 the Munich Administrative Court (M 11 K 22.4958) examined a fence and pergola on that basis and found conflicts with section 35(3) sentence 1 nos. 1, 5 and 7.

Bavarian courts have been strict:

• Bavarian Higher Administrative Court, 30 January 2020 (1 ZB 18.935): enclosures around a house in the countryside impaired the natural character of the landscape (section 35(3) sentence 1 no. 5 BauGB), defined as a project that contradicts the natural use of the land or its role as a recreation area for the public and so stands out as a foreign body.
• Augsburg Administrative Court, 1 August 2023 (Au 5 S 23.1130): an order to remove a barbed-wire fence in open countryside was upheld in summary proceedings; the court treated the fence as a structure under sections 29 ff. BauGB regardless of size or solidity.
• Munich Administrative Court, 26 November 2024 (M 9 K 22.2113): a removal order for a countryside fence was upheld; the authority's earlier toleration did not make the fence lawful.

For buyers of rural houses, orchards or meadows: an existing fence outside the village is not lawful just because it has stood for years. Ask the seller for the permit. If you plan to fence in horses or protect a vegetable plot from deer, talk to the building office before you buy. Our guide to building permits and pre-applications explains how to get a written answer.

Layer 4: neighbour law

Neighbour law is private law, enforced by the neighbour in the civil courts. It differs by state.

Saxony-Anhalt. The Neighbour Act deals with enclosures in sections 22 to 28: section 22 the duty to fence, section 23 the requirements, section 24 the location, section 25 the shared fence. The Naumburg court reads section 22 as creating a duty only where the lack of a fence substantially impairs the neighbouring plot, and section 23 as applying only to such required fences. Legal writers disagree. For you: a fence you build voluntarily on your own land cannot be attacked in Saxony-Anhalt merely as "not customary", on the Naumburg line.

North Rhine-Westphalia. Section 35 of the NRW Neighbour Act sets a fallback: if no customary enclosure can be established, a fence of about 1.20 m is to be built. What is customary depends on the actual situation in the comparison area at the time of the last hearing, as the Federal Court of Justice (BGH) held on 17 January 2014 (V ZR 292/12) in a case from Herne. The regional court in Aachen (12 O 159/18) ordered a boundary wall removed where a 1.20 m chain-link fence was the local custom.

Federal law on shared fences. If the fence stands on the line and both neighbours wanted it as a shared structure, it is a Grenzeinrichtung. The BGH confirmed on 20 October 2017 (V ZR 42/17) that both must have agreed to it as a shared boundary structure. Then section 922 BGB applies: maintenance costs are split equally, and if one neighbour has an interest in keeping it, the other may not remove or change it without consent.

Building costs vary by state. In Saxony, for example, section 5 of the Saxon Neighbour Act provides that whoever builds an enclosure bears the costs of building and maintaining it.

Who pays: a worked example

Assumed figures. A shared chain-link fence on the line, 30 m long, agreed by both owners years ago. The posts have rotted; a contractor quotes €2,400.

Item	Amount
Repair, total	€2,400
Each neighbour's share under section 922 BGB	€1,200
Cost per metre	€80
Each neighbour per metre	€40

If you want to replace the chain link with a privacy screen, that is a change rather than maintenance, and section 922 requires the neighbour's consent if they have an interest in the existing fence. Agree in writing who pays the difference. If you would rather avoid the discussion, build your new fence entirely on your own land: it is then yours alone, and so are the costs.

Is the fence on the right line?

With an existing house, the most common surprise is not the height but the position. Fences were set by eye, aligned to an old hedge, or bent around a tree. Only the cadastre (Liegenschaftskataster) shows where the boundary runs.

1. Order the cadastral map extract from the survey office or the state portal; see our guide to boundaries and land surveys and the guide to cadastral map extracts by state.
2. Find the boundary stones at the corners, often next to or under a fence post.
3. Measure from the stones to the fence at several points. A clear deviation is a reason to commission a boundary survey from a publicly appointed surveyor.
4. Ask the seller in writing: who built the fence and when, whether it was agreed with the neighbour as shared, whether there were disputes.
5. Ask the building office if the fence is taller than 2 m or stands outside the built-up area: is there a permit?

If you are buying from abroad, ask the agent for photos of each corner with the boundary stone visible, and a video walking the fence line. It costs nothing and often settles the question before you travel.

If things go wrong

The seller's fence stands 0.40 m inside the neighbour's land. That strip is not part of what you are buying, however long it has been used. Have the purchase contract state that the seller moves the fence before handover, or that you take it over, and reflect the cost in the price. The notary will record this, but will not check where the fence stands.

The fence is 2.30 m high and there is no permit. Building control can order it reduced or removed, typically after a neighbour complains. A retrospective application is possible; whether it succeeds depends on the plan and the bylaw. Cutting it down to 2.00 m is often cheaper.

The neighbour demands that you build a fence. Check whether your state's neighbour law imposes a duty to fence and on what conditions. In Saxony-Anhalt that is section 22 NbG LSA, which the Naumburg court applies only where there is a substantial impairment.

The neighbour objects to your new privacy screen. In Saxony-Anhalt the Naumburg line helps you if the fence is voluntary and on your land. In NRW the neighbour can insist on the customary type where a duty to fence exists. In any state, check the building code, the plan and the bylaw first.

The shared fence is broken and the neighbour will not pay. If it is a Grenzeinrichtung, they owe half the maintenance under section 922 BGB. Write to them with the quote and a deadline. Ask the local court (Amtsgericht) or the town whether your state requires mediation with the local Schiedsperson before a lawsuit.

What the GrundCheck report shows

The GrundCheck report shows for your parcel whether a development plan applies and which one, whether the plot lies inside or outside the built-up area, protected areas, flood hazards and other layers, each with source and date, €29 in one language or €39 in English and German. That tells you which layer governs your fence before you contact the building office. The report does not survey the boundary and does not replace building control's answer or legal advice.

Check the development plan, protected areas and risks for your parcel in the GrundCheck report, from €29 → · See a sample report

This guide is a first orientation and not legal advice for your individual case.

Sources

• Saxony-Anhalt building code, § 60(1) no. 7 a BauO LSA, gesetze.co, read via search engine, 2.11.2026.
• Bavarian building code, Art. 57, gesetze-bayern.de, 2.11.2026.
• NRW building code, § 62(1) no. 7 a, gesetze.co; City of Hagen, fact sheet on enclosures, hagen.de, read via search engine, 2.11.2026.
• Hanover region, permit-free building work, hannover.de, 2.11.2026.
• Munich Administrative Court, 6.3.2023, M 8 K 21.2158, gesetze-bayern.de, 2.11.2026.
• Bavarian Higher Administrative Court, 27.3.2026, 9 ZB 24.433, gesetze-bayern.de, 2.11.2026.
• Market town of Altusried, fence bylaw as amended 25.3.2022, altusried.de; City of Munich, fence bylaw, stadt.muenchen.de, 2.11.2026.
• Bavarian Higher Administrative Court, 30.1.2020, 1 ZB 18.935, gesetze-bayern.de (1); Munich Administrative Court, 29.1.2026, M 11 K 22.4958, gesetze-bayern.de (2); Augsburg Administrative Court, 1.8.2023, Au 5 S 23.1130, and Munich Administrative Court, 26.11.2024, M 9 K 22.2113, via gesetze-bayern.de (3), read via search engine, 2.11.2026.
• Saxony-Anhalt Neighbour Act, sections 22–28, gesetze.co; overview anwalt24.de, read via search engine, 2.11.2026.
• OLG Naumburg, judgment of 21.9.2022, commentaries ra-kotz.de (1), ra-kotz.de (2), rechtsanwalt-krau.de, read via search engine, 2.11.2026.
• NRW Neighbour Act, § 35, lexmea.de, 2.11.2026.
• BGH, judgment of 17.1.2014, V ZR 292/12, rewis.io, 2.11.2026.
• LG Aachen, 12 O 159/18, commentary jura.cc, read via search engine, 2.11.2026.
• German Civil Code, sections 921–922, lexetius.com; BGH, judgment of 20.10.2017, V ZR 42/17, haufe.de, 2.11.2026.
• Saxon Neighbour Act, section 5, revosax.sachsen.de, read via search engine, 2.11.2026.