One fence and a great conflict between neighbors. The regulations are clear

Disputes over a fence on the border of a plot of land are among the most common neighborhood conflicts. The scheme often looks similar: one of the owners builds a fence according to his own idea and then expects the neighbor to reimburse part of the costs. However, the regulations clearly distinguish between the costs of construction and the costs of maintaining a fence.

Pursuant to the Civil Code, owners of adjacent land are obliged to act jointly in demarcating plots and maintaining permanent boundary signs. However, this does not automatically mean that every fence is such a boundary mark. In practice, most lawyers and courts are of the opinion that if a fence was built without consulting the neighbor, there is no obligation to reimburse half of the costs of its construction.

A fence on the border of the plot and construction costs

Building a fence is treated as a unilateral investment decision. If the neighbor wanted to jointly finance the fence, he should have obtained the consent of the other party in advance. The mere fact of erecting a fence does not mean that you are obliged to pay for the investment.

The situation is different when it comes to maintaining a fence standing exactly on the border of the plots. Pursuant to Art. 154 of the Civil Code, it is presumed that fences and similar devices located on the border are for the common use of neighbors. This means that the costs of repair, painting or renovation should generally be borne jointly.

A fence on the border of the plot may mean shared responsibilities

The exact location of the fence is crucial. If the fence is located in the axis of the border, it is considered co-ownership and its maintenance is the responsibility of both parties. However, if it is located entirely on the neighbor’s plot, he bears the costs and makes decisions regarding the fence.

The provisions of the Construction Law also specify rules regarding the height of the fence. Fences up to 2.20 m generally do not require notification. Taller structures must be reported to the appropriate office. Lack of formalities may result in construction supervision proceedings or even a demolition or legalization order.

A fence on the border of the plot and new regulations in 2026

Construction law also prohibits the use of dangerous elements, such as barbed wire or sharp-edged parts at a height lower than 1.8 m. Additionally, from September 20, 2026, new technical conditions for fences are to come into force, which will significantly change the rules for erecting them.

The owner of the plot may refuse to share in the construction costs if the fence was erected without his consent, the neighbor decided on the investment himself or the fence stands only on his property. Refusal is also possible if the costs were overstated or very expensive materials were used without prior arrangements. Importantly, if the fence was erected even partially on someone else’s plot, the owner has the right to demand that it be moved or that its previous condition be restored.