Fences

Do I need a permit to build a fence?

A permit is not required to build a fence; however, you are required to comply with Fence By-law. If the fence is being used to enclose a pool/hot tub, a Pool/Hot Tub Fence Permit is required. Please see Pool and Hot Tub Fence by-law 1936-2005-PP. If you are looking to erect a pool/hot tub fence please contact our building department for further information. 

What are the height restrictions for a fence?

For residential properties, no fence should exceed 1220 mm (4 ft) if on:

• front lot lines or front yards
• side lot lines or side yards
• boundary lines of or on vacant lots

Rear lot line and rear yard fences should not surpass 1830 mm (6 ft).

Fences in the Township of Brock must:

• be painted or coated with weather-resistant material
• structurally sound, in good repair, and free of hazards
• not have an unsightly appearance

Please see our Fence By-Law for more details about residential, farm, road, commercial, institutional, and industrial fences. The by-law includes special cases that apply to areas of our community as well as fences that divide residential from commercial or agricultural uses.

When erecting a fence who determines property line? 

Is the adjoining property owner required to share in the cost of a division fence? 

The cost of a fence between two property owners should be shared as both parties are legally considered joint owners of the fence.

If two property owners cannot agree or reach an agreement, the owner wishing to go ahead with building a fence must give a Notice of Intent to the adjoining property owner by registered mail, advising the intent to construct or maintain the division fence. The Notice of Intent must have the following information:

• Three written quotes for the actual cost and/or basic cost (4 foot, 1-1/2-inch mesh, steel chain link fence) of the fence work
• Statement that the construction/maintenance may begin 14 business days after the mailing of the Notice of Intent and may seek contributory payment for the work.
• Statement that the adjoining owner may obtain three additional quotes no later than ten business days from the date of mailing of the Notice of Intent.
• A copy of By-law 3210-2023 attached

See Division Fence By-law 3210-2023 for procedures and more information.

What are the setback provisions for erecting a fence or privacy screen? 

The Township of Brock does not have minimum set backs when erecting a fence or privacy screen. A fence may be erected on a residential lot line so long as it complies with the Fence By-Law. 

Please be advised no fences are permitted in a Sight Triangle or Driveway Sight Triangle. For further information on sight triangles please see section 10: Zoning By-law. 

What if I want to build a fence in a new subdivision?

Most subdivision agreements speak to what the developer will fence, and when.  For properties that are not being fenced by the developer, per the subdivision agreement, then the property owner should confirm with the Township that lot grading has been completed and approved before erecting a fence. 

If the lot grading has not been finalized and approved, the fence may need to be removed in order for grading works to be completed.

Attempt to arrive at an agreement with the adjacent owner regarding the type and cost sharing of a division fence. It is suggested that every attempt (more than one contact and preferably in person) be made prior to proceeding to Step 2.

Send a Notice of Intent by registered mail (a sample letter is attached to the Division Fence By-law) It is also suggested that you also send a copy of the Notice of Intent by regular mail or personal delivery to ensure it is received by the adjacent owner at least fourteen (14) business days prior to commencing work or signing a contract. 

If the adjacent owner makes no contact and/or does not make payment, you may proceed to build the fence upon the expiration of the fourteen (14) business day period. The fence contractor will have to paid by you, the owner. You may then proceed to Step 3. 

If the adjacent owner fails to pay within 90 days of completion of the fence you must serve them with a Notice of Compliance (a sample letter is attached to the Division Fence By-law) by registered mail and regular mail or personal delivery requiring them to comply with the bylaw. 

The Notice of Compliance should again set out the provisions of the by-law and a breakdown of the costs of the fence (including copies of invoices/estimates/quotes), and must conclude with a request for payment within thirty (30) days of receipt of the Notice of Compliance. 

If the payment is received, the matter is at an end. If payment is not received you must proceed  to Step 4.

If Step 3 is unsuccessful, you may proceed to initiate a prosecution to recover the proportionate share of the cost of the fence. For further information on how to proceed please see the Division Fence By-law.