Ontario Fence Laws: Height, Materials and Where You Can Build

Before you buy lumber, it helps to know which rules actually apply to your fence. In Ontario there is no single fence code. Height, style, pool enclosures and permits are usually matters for your municipality, while a separate provincial law deals with disputes over fences on the boundary.

This article sorts out which rule governs which question, and what to check before you build. It does not give specific height limits, because those vary by city and you should confirm them with your own municipality.

Which rules decide what

Fence, pool and tree rules, fees and exemption processes are municipal and vary by city. That means the same fence may be allowed in one town and need a permit or changes in another. Always check your own municipality's bylaws, not a neighbouring city's or a general summary online.

Where the Line Fences Act fits in

The Line Fences Act gives owners of adjoining properties in most of Ontario a dispute procedure for fences on a shared boundary line, but it does not cover fences that are not on the boundary line. It applies only where owners cannot agree and either no fence exists and one owner wants one built, or a line fence exists and one owner thinks it needs reconstruction or repair.

If that procedure is used, three fence-viewers must be present and can address how the work is apportioned and the description of the fence, including materials. A municipal council may also pass a by-law exempting all or part of its area from the Act and assigning line-fence costs by by-law instead. So even the cost-sharing rules depend on where you live.

Placement: boundary, setback and road allowances

Where you build matters as much as how high. A fence on the boundary line is a shared matter between neighbours. A fence set back on your own land is outside the Line Fences Act. Either way, the Act does not decide where the boundary is, and owners must resolve boundary-location questions themselves.

Be careful near the street or shoreline. Road allowances are laid out by Crown surveyors and are generally 66 feet wide. A municipality may by bylaw assume an unopened road allowance for public use, and closing a road allowance needs a bylaw and public notice. The Province notes that waterfront owners often build on road allowances, which can cause problems with title, mortgages and insurance. Municipalities consider closure requests, often to convey the land to abutting owners.

A survey and a call to the municipality can confirm whether part of what looks like your yard is actually public land.

Pool fences and other special cases

Pools usually have their own enclosure requirements set by the municipality, and these can differ from the rules for an ordinary garden fence. Because the details vary by city, ask your municipality what applies before you build or buy a pool.

• Other rules may apply to your particular property, so it is worth confirming with your municipality or a lawyer.
• A fence-viewers' award, or a written line-fence agreement in the prescribed form, can be registered in the land registry office.

What to do before you build

• Find your municipality's fence bylaw and read the height, material and permit sections.
• Ask the municipality whether it has exempted itself from the Line Fences Act.
• Confirm your boundary with a survey if there is any doubt.
• Check for any road allowance or easement near your lot line.
• Talk to your neighbour before you build, especially if the fence will sit on the boundary.
• Keep written records of any agreement about cost or style.
• If you plan to build first and ask for money later, know that the fence-viewer procedure will not apply.

If a neighbour disagrees, or a bylaw issue or boundary question comes up, a lawyer can review your situation.

Frequently asked questions