Putting up fences....

[BabyBin]

So...

We live in a new-build... entirely new estate still in progress.

Have open plan front. We want to build a fence. Mostly due to concerns DC could run into the road (and neighbour using our drive to transport bins)

We do like the neighbours and don't want to cause offence but a but of land privacy wouldn't go a miss.

Covenant says no... but would it really be challenged?

AIBU to build a fence anyway?

Any suggestions of what type?

If there's a covenant and it says no, don't. Not because it might be challenged, but because you agreed to it. I think contracts, the law and rules exist even if no one forces us to adhere to them. Why agree to something you don't agree to?

Added to that, what if someone else sees your fence and adds their own, then that's challenged and the person who has the other fence gets annoyed you have yours. It's the kind of weird, pernickety issue which makes everyone end up hating each other.

If the estate is still in progress any of your neighbours or someone on your road will complain to the builders and you will have to remove the fence.

I have friends who have been reported for actual and perceived transgressions. With the actual transgressions they had checked with the builders before acting so were allowed.

Btw lots of new build estates deliberate are built with front gardens/drives because the roads and pavements, if they have them, are simply too narrow. This is partly why your neighbour drags their bins on your drive. If I visit friends and do any form of walking I often have to stand in on their neighbours drive/front garden to avoid being run over if a car passes.

still in progress?

yeah it will definitely be challenged by the builders and you will be forced to take it down. zero chance you will get away with it

I think your main issue (apart from the obvious covenant breach) is where you and your neighbours might see the ‘boundary’ on an open plan front. The red line marked on a title deed is only accurate +/- 0.5m. You may find yourself in an unnecessary boundary dispute if you go ahead. Can you not just ask your neighbour not to use your drive to transport their bins? Is the driveway shared?

We live on a similar estate and it's a definite no. One house got round it by putting a hedge in and having a piece of railing. But no one has been allowed a whole fence. The properties are now 15 year old.

Yeah i think a hedge or planters might be the way forward, we do have a hedge planted across the front of the garden by the developers. Perhaps the same hedge at the sides would look nice, for scale the front is 15 m wide and 11 deep so perhaps planters will look really odd? Would need a railing at the back because at one part the flagstones are the boundary. The houses aren't that close its just the neighbour puts their bins to the right side as they have a paved section which is easier to access over our drive than their grass, they seem sweet so i wouldn't want to offend them. Whats a weekly drive share unless anyone has another idea 🤪

Hedge for planter with a little screen is you're only option im afraid but they are effective

New build estate will 100% be challenged and you'll be made to remove. We have the same and out estate was built in the early 80's. People have breeched minor things in more recent years such as putting a bench out but no one would put a fence or a rotary etc and would definitely be pulled up on if they did.

What does the actual covenant say?

I'm in a new build with big open plan front garden which is basically seen as public property and I get bikes ridden down it and all sorts

I have checked my deeds and I'm surprised that I can't see a covenant that covers this . So surprised I'm worried I've missed something

It will definitely be challenged in a new build and still under construction estate. I don’t know why you would buy a home with covenants you didn’t like.

On our new build estate after about ten years people started planting hedges in between the properties. Some people put low wrought iron fences up. About 50cm high. But all of this was a long time after the street was established.

One of my neighbours did this and the builders came and took it down again. It made the neighbours drive too small for two cars as it's expected that people will be able to open their car doors over the 'air' of the next door neighbour's drive.

I believe you need the estate owners to enforce with covenants, so on a new build it’s going to be very simple I’d imagine. If they still have plots for sale as well they want a uniform appearance so will step in.

my street is a small one built in 2000. The original owner/builder is long gone and the company no longer exists. Enforcing anything here would be extremely difficult and probably very expensive with the main gain firmly in the pocket of solicitors and at this stage I don’t think anyone would care anyway.

New build, no chance.
Once estate is finished, it depends. Best one I lived on was 1970s and huge, lots of green space. Every house was a shareholder in the residents management company who enforced the covenants. Kept the place looking good.

A hedge is the best you’ll get. I’m assuming the pipes and wires are under the service area at the front of your garden ? If so, contractors have to have access to that area.

Hedge! And not as a compromise option: as the BEST option. Britain needs XX miles more hedgerow (XX being the figure I can’t remember) as part of the climate change fight. Plus they’re lovely. It’d solve your issues, doesn’t break the covenant (unless there’s a hedge covenant? Check), you could have a lovely mixed hedge with flowers and all sorts, encourages wildlife…

My parents just put in a beech hedge and it’s gorgeous: year-round colour. 🍁

Depends on the covenant. If it says no fences then a hedge may be possible but it may state front gardens are not enclosed which means they are not. If the estate is recent or still under construction you will face action from builder and.or neighbours because they usually require uniformity. You may find other limitations such as no permitted development rights and need for pp for sheds etc

It literally says you cant build a fence.

Annoying really, as the sales people were encouraging it would look lovely 🙄

We have a red robin fence now so that continued would look good and stop a toddler running onto the road (not that they are given the chance but you never know/paranoid parent)

Also says no bins visible... next good have made a gravel patch to put theirs on view! Also says no cars in front of houses but there always is usually including site staff!

@BabyBin I hate it
I feel like I have no privacy
Having children wasn't on my radar when I bought it but now I have a toddler and I'm also worried he can just run on to the road
We didn't realise the estate wouldn't even have footpaths
I can't put a hedge in . I already have bushes on the service strip which I'm not meant to remove . Kids regularly jump in them and ruin them
I've had dogs shitting on my lawn and gangs of teenagers traipsing over it

You also need to check the planning permission for the estate. Clauses in covenants often replicate conditions on PPs so it could be the Council after you as well as the developers.
If the estate is still being built, the developer will definitely enforce covenants.

You won't get away with anything until all the houses on the development are finished and sold and the builders have gone!
They want it all to look uniform. We had to get permission for all sorts of things due to covenants. We couldn't even put a TV aerial on the roof without written permission. After the builders are gone you'll find people start to ignore the covenants - one of ours was 'no commercial vehicles on driveways' which as you can imagine is now totally ignored.
We put a hedge around our front garden - it's only at waist height and was to deter neighbours children and delivery people taking a short cut across it in front of our living room window rather than to keep our DC in. The driveway is still open but not shared with anyone.