Fence laws in California
What California statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
California fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | Civ. Code 841 |
| Fence height | Silent | no figure | Civ. Code 841 |
| Permits | Stated | no figure | Health & Saf. Code 17922 |
| Pool barriers | Stated | 60 in | Health & Saf. Code 115923 |
| Spite fences | Stated | 10 ft | Civ. Code 841.4 |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Not researched yet | no figure | none |
Fence laws in California, question by question
Who owns the fence between two properties in California?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Adjoining landowners are presumed to share an equal benefit from a fence dividing their properties, and are presumed equally responsible for the reasonable costs of construction, maintenance or replacement. A landowner intending to incur those costs gives thirty days prior written notice to each affected adjoining landowner. The presumption can be rebutted, and a court may then order a contribution of less than an equal share or none at all.
Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.
Also on fences on the property line in California
- StatedThe notice states the presumption of equal responsibility, a description of the problem with the existing fence, the proposed solution, the estimated cost, the proposed cost sharing approach, and the proposed timeline for the work. Civ. Code 841(b)(1)California · Statute
How tall can a fence be in California?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
California sets no statewide limit on residential fence height. Ordinary height limits are written by cities and counties in their zoning codes, and they vary widely from one city to the next. The only height figure in state law is the ten foot spite fence threshold, which requires malice and is not a building limit.
Documents read before writing that:
- Civ. Code 841California Legislature
- Civ. Code 841.4California Legislature
Do I need a permit for a fence in California?
StatedThe code gives a plain answer, and the line it appears on is quoted.
California does not write its own building code from scratch. Health and Safety Code section 17922 adopts Title 24 of the California Code of Regulations by reference and requires it to impose substantially the same requirements as the International Building Code and the International Residential Code, with state additions and deletions. The permit rules that apply to a fence therefore start as model code text that California then edits.
The building standards and rules and regulations shall impose substantially the same requirements as are contained in the most recent editions of the following international or uniform industry codes as adopted by the organizations specified:
Also on permits in California
- StatedA California city or county can make the statewide building code stricter, but not quietly. Section 17958.7 requires the governing body to make an express finding that each change is reasonably necessary because of local climatic, geological, or topographical conditions, to file that finding with the California Building Standards Commission, and the change has no effect until the filing is made. That finding is a public record, which is why a local permit threshold can sit far below the statewide one. Health & Saf. Code 17958.7California · Statute
Pool fence requirements in California
StatedThe code gives a plain answer, and the line it appears on is quoted.
An enclosure used as a drowning prevention safety feature is at least sixty inches high, leaves no more than two inches between the ground and its bottom, and has no gaps that would pass a four inch sphere. Its outside surface carries no handholds or footholds that would let a child under five climb it. Gates open away from the pool and are self closing with a self latching device set no lower than sixty inches above the ground.
An enclosure shall have all of the following characteristics: (a) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground. (b) A minimum height of 60 inches. (c) A maximum vertical clearance from the ground to the bottom of the enclosure of two inches. (d) Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter. (e) An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.
60 inminimum height of a pool enclosure
Spite fence laws in California
StatedThe code gives a plain answer, and the line it appears on is quoted.
A fence, or a structure in the nature of a fence, that unnecessarily exceeds ten feet and is maliciously erected or maintained to annoy an owner or occupant of adjoining property is a private nuisance. Height alone does not make one. The statute turns on malice and on the height being unnecessary.
Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance.
10 ftspite fence threshold, with malice required
How fence height is measured in California
Not researched yet for California. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in California
Not researched yet for California. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in California
Not researched yet for California. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in California
Not researched yet for California. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in California
Not researched yet for California. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
5 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- California LegislatureCalifornia Civil Code Section 841, Good Neighbor Fence Act of 2013
- California LegislatureCalifornia Civil Code Section 841.4, spite fences
- California LegislatureCalifornia Health and Safety Code Section 17922, adoption of building standards
- California LegislatureCalifornia Health and Safety Code Section 17958.7, local modification of building standards
- California LegislatureCalifornia Health and Safety Code Section 115923, enclosure requirements
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean