April 12, 2025

Can My Neighbour Build a Pergola Next to My Fence?

Just spotted your neighbour mid-DIY, putting up what looks like an aluminium pergola suspiciously close to your garden fence? You’re not alone. It's a common dilemma—where do property rights end, and pergola dreams begin?

**Short answer: Yes, they can—**but only if they play by the rules.

Let’s explore boundaries, building codes, and how to handle things if that pergola’s a little too close for comfort.

Understanding Property Boundaries and Pergola Regulations

Picture this: you’re sipping your morning brew, glancing out into your garden, only to notice a pergola taking shape right on the fence line. You freeze—are they even allowed to do that?

It all starts with understanding where your property ends.

Property lines and easements

Property lines are the invisible borders that separate your garden from your neighbour’s. They’re not always obvious, and sometimes the fence isn’t even sitting exactly on that line.

If you’re unsure, your title deeds or a land registry map can help clear things up.

Then there are easements—legal permissions allowing someone else limited use of your land. Think of things like shared driveways or drainage access. If there's an easement in play, it might impact where structures like pergolas can be built, even if they're technically on your neighbour's side.

Local building codes and regulations

Here in the UK, most garden pergolas fall under permitted development, which means your neighbour doesn’t usually need planning permission—as long as certain rules are followed.

These are the big ones:

Pergolas must be under 2.5 metres high if they’re within 2 metres of your shared boundary
They should be open-sided with a slatted or open roof (fully covered ones might count as outbuildings)
Attached pergolas (connected to the house) follow different guidelines and may require approval

So if your neighbour’s aluminium pergola is freestanding, open-sided, and within height limits? It’s probably within their rights. But if it’s oversized or fixed to your fence? They could be overstepping—literally and legally.

HOA rules and restrictions

Not all homes are equal when it comes to what’s allowed.

If you live in a modern housing estate or a property with a Homeowners’ Association (HOA), you might have extra rules to follow—sometimes even stricter than national planning laws.

These can dictate structure size, colour, materials, and even where it can sit in the garden. So while your neighbour might think they’re fine with the council, the HOA might disagree.

Best to check the fine print before you pick a fight—or start planning your own garden structure.

Potential Issues with a Neighbour's Pergola

Just because it’s legal doesn’t mean it’s welcome. Here are the most common headaches pergolas can cause when placed too close for comfort.

Privacy concerns

Nobody wants to feel like they’re living in a fishbowl. A tall pergola near your fence—especially with seating or a deck—can feel like an open invite into your life.

One moment you’re sunbathing, the next your neighbour's sipping wine a metre away, making awkward eye contact through the trellis.

It’s not always about intention—it’s about proximity.

Light and shade

A pergola, particularly one made from aluminium or fitted with a canopy, can throw serious shade.

If it’s blocking the morning sun from your kitchen window or leaving your herb garden in the dark, you’ve got a right to feel annoyed.

There’s no absolute “right to light” when it comes to garden features, but long-term overshadowing might warrant a discussion—or more.

Noise and disturbance

Pergolas are social magnets. That’s part of their charm—but it can become a problem if they’re used daily for barbecues, loud music, or hot tub parties that run late into the night.

If the structure encourages regular gatherings just inches from your fence, your once-quiet retreat could start to feel more like the beer garden of a busy pub.

Overhanging branches and foliage

Lots of pergolas become the base for climbing plants—wisteria, ivy, grapevines. Lovely for your neighbour. Less so if you’re constantly trimming back what’s growing over into your space.

The law allows you to cut overhanging foliage back to the boundary, but you mustn’t go further. And again—it’s always best to have a friendly chat before bringing out the secateurs.

Resolving Disputes with Neighbours

These things can spiral quickly, but most situations don’t need to end in a neighbourly standoff. Here's how to keep things civil while standing your ground.

Communication and negotiation

Start simple: talk to them.

A polite conversation, face-to-face if possible, can clear up confusion fast. Maybe they weren’t aware of the height rule. Maybe they didn’t realise the pergola was blocking your suntrap.

Approach it as a shared issue to resolve, rather than a confrontation. Offer solutions—like adding a screen or changing the direction of the structure—and be open to compromise.

Keep it friendly. You’ll still be living next to them after all.

Mediation and arbitration

If talking doesn’t get you anywhere, you might consider professional mediation.

Community mediation services are designed to help neighbours resolve disputes without dragging things into court. A trained mediator facilitates a calm conversation where both parties can share concerns and work towards a solution.

It’s much cheaper than legal action and often preserves neighbourly relations.

Legal action

Legal steps should always be the final resort.

If the pergola genuinely breaches planning regulations, you can file a complaint with your local council. They’ll send an officer to inspect and, if necessary, demand changes or removal.

If the issue relates to boundaries or damage to your property, you might need to get a solicitor involved. A legal letter or an injunction can force your neighbour to act—but it’s likely to sour things permanently.

Final Thoughts

So—can your neighbour build a pergola next to your fence?

Yes. But it has to play by the rules.

Height limits, structure type, property boundaries, and HOA guidelines all come into play. Even if the pergola is technically legal, it should still respect your privacy, your space, and your peace.

If it doesn’t, you’re well within your rights to speak up—ideally over a calm cup of tea, not a furious fence line shouting match.

And remember: today's pergola drama could be tomorrow’s shared barbecue spot… if handled right.

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