You can build a fence in the City of Burlington without a permit, but there are certain regulations that apply to:
- Single-family or semi-detached houses
- Duplexes
- Triplexes
- Street townhouses
Fence regulations
Our Division Fence Bylaw (By-law 024-2003) and Pool Fencing Bylaw (By-law 074-2005) address the types of fences which are allowed and their required heights.
Height of fences
Height regulations for fences vary for properties with pools, corner lots, through lots and visibility triangles.
Most lots in the City of Burlington are interior lots, meaning they face onto a street and have other properties on either side. The maximum fence height on an interior lot is two metres, except within 3 metres of the front property line, where the maximum fence height is 1.2 metres.
The maximum fence height on a through lot or corner lot is two metres, except within three metres of the front property line where the maximum fence height is 1.22 metres. A through lot has a street at the front and the rear, while a corner lot may be created by an intersection or a sharp bend in a street.
Where two streets intersect, a visibility triangle is required. Any solid fence or wall within this triangle cannot be higher than 1m above the pavement in the middle of the intersection. Most properties require a nine metre visibility triangle. This may vary between different zoning requirements. Contact zoning staff at 905-335-7642 for requirements in your area.
Types of fences
There are some differences between what fence materials are allowed for division and pool fences.
Division fences
There are no restrictions on materials that can be used to build a division fence. A variety of fencing is permitted, including:
- Chain link
- Wrought iron
- Wood board
Please refer to our Division Fence Bylaw for more information.
Pool fences
Privately owned swimming pools must have fences built and maintained around them. There are restrictions on materials that can be used to build pool fences. All pool fencing must comply with the Pool Fencing Bylaw. If you have any questions regarding your existing or proposed pool fencing, please contact the bylaw enforcement officer for your area. Call 905-335-7731 for a free pre-application pool fencing consultation.
Fences Frequently Asked Questions (FAQs)
Who determines the property line? |
| You can determine your property line(s) by looking at your property survey, which you should have received at the time of purchasing your home. The City does not determine property lines. If you do not have a copy of your property survey you must hire a private firm to survey you property. |
Does a person have the right to construct a fence on the property line? |
| Yes, the boundary line between two properties is the common property of the two owners. The fence located along this line belongs to both neighbours. |
Does a person have the right to remove an existing division fence and replace it with another one? |
| Yes. Our Division Fence Bylaw states that the cost of reconstructing or maintaining a division fence should be shared equally between adjoining owners. An adjoining owner does not have to pay over 50 per cent of the basic cost unless the adjoining owners have agreed upon a different payment arrangement. |
How is the basic cost of a fence determined? |
| The basic cost of a fence is based on the cost of constructing, reconstructing, maintaining or repairing a steel chain link fence that is 1.22 metres tall and has 2.54 to 3.81 centimetre links. A steel chain link fence is used as the standard for determining the basic cost regardless of the type of fence being installed. |
If my neighbour is building a swimming pool enclosure or fence, do I have to pay for a portion of the total cost? |
| If the boundary fence is the only pool fence, the swimming pool owner is fully responsible to construct and maintain the boundary fence under our Pool Fencing Bylaw. For additional information regarding fencing for lots with pools, please contact the Building Department at 905-335-7731. |
My neighbour will not give me access to their property for repairs or alterations of the divisional fence. Do I have any rights to enter their property? |
| Yes, our Adjoining Property Entry Bylaw allows entrance to an adjoining property for the maintenance, repair or alteration of a divisional fence. You must provide written notice to your neighbour 10 days in advance of the date the work is to begin. The written notice must include a description of the proposed work, the proposed date of entry and duration of occupancy. If the adjoining property is damaged as a result of the work, you must cover the cost of the damages. |
Should adjoining property owners share in the cost of a division fence? |
The cost of a fence between two properties should be shared between the two property owners as both parties are legally considered joint owners of the fence. Division Fence Bylaw helps neighbours decide how to share the cost of division fences. The steps for reaching a decision are:
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What do I do if my neighbour refuses to pay for their share of the fence? |
| If your neighbour does not pay within 90 days of completion of the fence, you may send them a notice by mail requiring them to comply with the bylaw. The notice must state that if the payment is not received within 30 days, appropriate action under Part 4 of the Provincial Offences Act will be taken to recover their portion of the payment. If the payment is not received after 30 days, you can get an order from the Provincial Court under the Provincial Offences Act. |
I share a property line with the City. Can I enter into a cost-sharing agreement with the City for a new fence? |
| Please contact Service Burlington at city@burlington.ca or 905-335-7777 to learn more about cost sharing agreements with the City of Burlington. |
If there is a fence in my neighbourhood in disrepair that looks dangerous, who can I call? |
| Please contact the Building Department at 905-335-7731 or building@burlington.ca. A survey of the property will determine the property line and ownership of the fence. |
Who is responsible for damage done to a division fence by a fallen tree? |
| According to the Provincial Line Fences Act of Ontario, if a tree falls on a division fence and causes damage, the person who owns the land where the tree stood is responsible for removing the tree and repairing the fence. |
Is a hedge or tree on the property line considered a division fence? |
| No. The hedge or tree can be removed with the agreement of both property owners and replaced with a division fence. If the neighbours cannot come to an agreement over removing a hedge, the disagreement becomes a civil matter and must be pursued through civil courts. |
Who is responsible for trimming the height of a hedge on the property line? |
| This is a civil matter, which must be resolved between the property owners. |
Is there a bylaw that determines who gets the “good” side of a fence? |
| This is a civil matter, which must be resolved between the property owners. |
Who is responsible for painting or staining a division fence? |
| This is a civil matter, which must be resolved between the property owners. |
I live in a new development, when will the developer or builder install my fence? |
| For new developments, fences are installed by the developer or builder once the grading is complete and your grading deposit has been returned. For more information on the grading of your property, please contact the Capital Works Department at 905-335-7694. |
I want to erect a privacy screen. Are there restrictions? |
|
Privacy screens are permitted on decks and balconies for detached, semi-detached, duplex, triplex, fourplex, and townhouse dwellings with the following regulations:
For more information contact Zoning at 905-335-7642. |