Fencing and gates policy

1. Policy Statement

1.1 This policy seeks to ensure a fair and consistent approach to dealing with requests for the repair and replacement of fencing and gates, and considers the landlord responsibilities of the council, as well as those of tenants, along with the wider council priorities of:

  • Health and wellbeing
  • Housing
  • Being a child friendly city
  • Safe and strong communities
  • Age-friendly Leeds

1.2 The council's Tenancy Agreement states that the council is responsible for repairing and maintaining:

  • the structure and exterior of the dwelling house (including drains, gutters, external pipes and external decoration),
  • the installations in the dwelling house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences but not other fixtures, fittings and equipment for making use of the supply of water, gas or electricity),
  • the installations in the dwelling house for space heating and heating water.

1.3 Fencing and gates to individual homes do not fall under the council's repair responsibilities as a landlord (Section 11 of the Landlord and Tenant Act) meaning the council does not have a legal responsibility to provide, repair and maintain or replace fencing and gates.

1.4 It is a tenant's responsibility to provide, repair and maintain and replace fencing and gates to their homes. However, when dealing with fencing requests, the council will consider any risk factors which could cause serious harm, as required under the Homes (Fitness for Human Habitation) Act 2018 and whether this requires the council to carry out any work. Additionally, the council will consider whether it is appropriate to apply any reasonable adjustments based on the individual needs of residents.

1.5 An Equality Diversity Cohesion and Integration assessment (EDCI) has been carried out to ensure that decisions made through the application of this policy meet the public sector equality duty requirements, under the Equality Act 2010.

2. Repairs and Maintenance

2.1 Prior to re-letting empty homes, the council will assess any existing fencing and gates and may remove any that are dangerous, or beyond economical repair, without replacing. At the start of a new tenancy, the council will make sure that any fencing and gates in-situ are functional and secure.

2.2 During a tenancy, the council will only consider carrying out minor repairs to fencing and gates which the council have installed or where in situ at the start of the tenancy.

2.3 Minor repairs are defined as refixing fences or gates, replacing individual damaged posts, rails, palings and panels, or rehanging gates.

2.4 Fencing and gate repairs can be reported through the council's day to day repair reporting procedures, which are detailed in the Tenant's Handbook and on the council's website.

2.5 Minor repairs to fencing and gates will only be carried out where assessment identifies that these repairs will sufficiently prolong the foreseeable life of the fencing or gate and therefore represent good value for money.

2.6 Fencing and gate repairs are categorised as non-urgent and we will carry these out on planned/batched programs to enable the most efficient planning and delivery of the work.

2.7 In circumstances where there is an immediate risk to health and safety, urgent or emergency repairs will be raised to remove the immediate hazard and make safe the fence/gate. This may include removing the fence/gate and safely setting aside in-order to remove the immediate hazard.

2.8 Tenants are responsible for repairing and replacing any fencing and gates that they have installed during their tenancy, in-line with the permissions procedure. Similarly, adjacent landowners (such as private landlords, owner occupiers or private businesses) are responsible for repairing and maintaining any fencing or gates which they have provided or are legally responsible for.

2.9 Where serious hazards occur to fences and gates that have been installed by residents, the council will carry out emergency repairs to remove the hazard, if the resident will not do this themselves. The council will recharge for any costs incurred doing this.

2.10 Tenants are responsible for the treatment (staining, painting etc) of fencing and gates to their homes.

3. Replacement fencing

3.1 The council will only consider replacing boundary fences and gates which are beyond economical repair, are no longer fit for purpose, and/or where there is a foreseeable serious risk of harm occurring. The most common instances of this will include the following scenarios:

  • where a garden adjoins a busy main road and there are young children living as registered household members and where failure to replace the fence or gate would allow free and unrestricted access onto the road (A busy main road is classified as a one with a bus route or heavy traffic)
  • where there are registered household members with specific needs or conditions which increase their risk of harm if a fence or gate are not present
  • where there are differences in ground levels that pose a high risk of injury if not guarded

3.2 Where required to evidence that the criteria is being met, residents will be responsible for providing sufficient evidence to support the decision-making process. This may include providing supporting information from health professionals, the Police, Adult Social Care, Children's Services, income/benefit proof etc.

3.3 In certain circumstances, where the criteria is met the council may mitigate the risk in a different way to ensure that the council's value of Spending Money Wisely can be demonstrated. For example, where there is a risk that young children playing in the garden may access a busy main road because there is no fence at the front of the property and the rear garden fencing is secure, it may be appropriate to provide a gate that secures the rear garden.

3.4 The council will not replace fencing and gates for the following reasons:

  • Removal and replacement of an existing hedge or wall
  • Replacement of a non-council owned boundary
  • Installing a fence where one hasn't previously existed
  • Dividing up open plan areas
  • Increasing the height or style of an existing boundary
  • Replacing 'dolly peg' demarcation
  • Control of dogs or other pets
  • Non-supervision of young children
  • Visiting children or childminding responsibilities
  • Replacing DIY fences (where the current tenant has carried out the DIY), regardless of whether permission has been obtained from the council
  • Reinstating boundaries which have been removed during the current tenancy
  • Neighbour disputes
  • To guard a pond within an LCC property
  • To remove a hazard which has been created by the tenant
  • Replacing dividing fences between properties or privacy screens

3.5 In circumstances where the replacement criteria is not met, and the fencing/gate is beyond economical repair and no longer fit for purpose, the council will remove the fence and dispose of it, where it has collapsed or is in danger of collapse.

3.6 Secure tenants have the right to apply for permission to carry out alterations and improvements to their home. This includes requesting the right to install or replace fencing and gates. Requests will be dealt with through the permissions procedure. Where approved, tenants are responsible for the costs of all work and for the future repair and replacement.

3.7 Tenants are responsible for providing a physical boundary to prevent nuisance and trespass to their neighbour's property. For example, if they have children or a dog, it is a tenant's responsibility to stop them accessing adjoining gardens, regardless of who is responsible for the dividing fence.

4. Appeals process – Replacement fencing and gates

4.1 A panel of officers will meet bi-monthly (once every two months) to consider appeals against decisions not to replace fencing and gates.

4.2 The panel may request additional supporting evidence to support the decision-making process. Where requested, it is the residents responsibility to provide this. This may include providing supporting information from health professionals, the Police, Adult Social Care, Children's Services, income/benefit proof.

4.3 The panel will consider any supporting evidence provided by the resident and assess whether all specific risk factors (age of residents, any physical or non-physical health conditions, carer responsibilities etc.) have been appropriately and fairly assessed. The panel will also ensure that the decision has been taken fairly in line with the requirements of public sector equality duty under the Equality Act 2010.

4.4 Decisions taken by the panel will be confirmed in writing.

4.5 Resident's complaints about the initial assessment should be investigated a Stage 1 of the council's Compliments and complaints policy.

4.6 Appeals against panel decisions will be investigated at Stage 2 of the council's Compliments and complaints policy.

5. Local Planning Guidance/Material/ Appearance

5.1 The installation of fencing or gates must be carried out in line with local planning guidance rules with regards to height, appearance and materials used. Local planning guidance can be found via the council's planning portal website.

5.2 The maximum heights apply to new/replacement fences and gates (including the height of any gravel boards/plinths etc) in the following locations:

  • 1 metre high to the front
  • 1.5 metres high to the side
  • 1.8 metres high to the rear

5.3 New/replacement fences and gates require planning permission if they are:

  • more than one metre high if adjacent to a highway used by vehicles
  • more than two metres high in other locations; or
  • within the curtilage or boundary of a listed building. If this is the case then listed building consent may be required

5.4 New and replacement fences and gates must be constructed in materials of type and appearance in keeping with the local environment.

6. Policy review

6.1 A full policy review will take place in response to any changes in legislation or at periods not exceeding 2 years.