I have a deck out the back of my house. There is a dividing wall between us and our attached neighbour. It's my wall. The house next door is about 2 feet lower than us at the back.

We currently have a 4 foot brick wall dividing the property (6 foot from her side approx).

What the legal height I can build it up to? And does it matter that my deck height is about 2-3 feet higher than hers - it comes straight out from my lounge through patio doors?

I presume it's about 6 feet, anybody know the actual legal height? She can't see onto my deck, but I can see straight over hers and i would like to make it a bit more private for both of us.

[Edited on 21/3/09 by Jasper]

Not sure on the rules for that, but I am sure there are specific rules that govern how much of her light you are able to block out..

One of the reasons why you cant build a garage/extension too close to a neigbouring boundary is that the shadows cast eat into their light allowences...

Could you fit trellis instead and grow some greenery in it?

You could always go and speak to her and explain that you want to do it for the benefit of both of you.

copied from another site, seems reasonable.

'height of the fence is measured from the level of the ground on which it stands. The authority on fence height is the planning department of your district council.'

However Ias far as im aware an 1800mm hgh fence is standard for a boundary fence, any more than 6ft and it might be an issue.

Best thing to do would be speak to her, im sure shes as keen on privay as you are. You could always errect a fence on yours side of the wall, which is less dominating than a wall.

I'm sure she wouldn't mind it a bit higher - that's not the problem, it's if she moves and the new people complain, I want to make sure it's legally ok.

Trellis is ok, but we like the idea of reclaimed bricks then a water feature built into it..... well, the car is just about done, I need a new project

[Edited on 21/3/09 by Jasper]

Six feet (1.8metres) is the highest permisible height of a wall. Measured from the lowest side.

actually whats been stated isnt exactly right. Sorry guys!

You can put a fence/wall up to a height of 6' or 1800mm. You can go higher but will need planning permission.

Also the 'right to light' is a myth. There is no such planning law.

6ft rings a bell, but maybe taken as 6ft from either side.

are you building a small fortress?

It does exist but only applies to light through windows. If a window has received natural light for 20 years it has a right to ancient light and developments which obscure this light can be opposed. It was used near a terrace where we used to live when one of the owners built on the back of his house and his upstairs would have blocked light to next door's kitchen. He was stopped from carrying on upwards when the council planning was threatened with a writ for passing his plans.

We've got a solid brick wall all the way round our house which is 6 feet tall, I think thats legal, never had any complaints about it so shouldn't be an issue for you if you were to go that high...

Garden fences are normally limited to 2 metres from the original ground level --- ie the ground level on her side.
Also istr you need a building warrant for any wall over about 500mm height.

Also if you land has been built up your decking may already be above the permitted level above which planning permission is require.