Can I build a privacy fence between my property and my neighbour's in BC without their permission?

Yes, you can build a fence on your own property in BC without your neighbour's permission, as long as the fence is entirely on your side of the property line and complies with your municipality's height and setback bylaws. However, if the fence sits directly on the shared property line (boundary), the situation becomes more complex under BC's Property Law Act, and you should have a conversation with your neighbour before building.

Building on your own property is straightforward. If you set your fence even a few inches inside your property line, it is entirely your fence — you pay for it, you maintain it, you can build it in any style and material allowed by local bylaws, and you don't need your neighbour's consent. The practical downside is that you lose a few inches of usable yard space, and your neighbour could theoretically build their own fence right next to yours on their side. But legally, a fence on your own property is your decision alone.

Building on the property line is where BC law gets involved. Under BC's Property Law Act (Part 4 — Division Fences), when a fence is built on the boundary between two properties, both property owners share responsibility for its maintenance and upkeep. The Act provides a framework for cost-sharing of boundary fences, but it does not require your neighbour to pay for a new fence they didn't ask for. If you want to build a fence directly on the property line and share the cost, you need your neighbour's agreement. If they refuse to contribute, you can still build the fence — but you'll bear the full cost, and the legal cost-sharing provisions become complicated if disputes arise later.

Get a property line survey before building near the boundary. This is the single most important step regardless of whether you need your neighbour's permission. A survey by a licensed BC Land Surveyor establishes exactly where the legal property line is, preventing disputes about whether your fence encroaches on your neighbour's land. A boundary survey in Metro Vancouver costs $1,000-$3,000 depending on lot complexity, but it provides legal certainty and prevents disputes that can cost far more. If you build a fence even a few inches onto your neighbour's property, they can require you to remove it at your expense.

Practical tips for keeping the peace. Even though you legally can build a fence on your own property without asking, talking to your neighbour first is strongly recommended. Explain what you're planning, show them the style and materials, and discuss the property line. Many fence disputes in BC escalate to costly legal proceedings that could have been avoided with a 15-minute conversation. If you're building a board fence, the traditional good-neighbour practice is to face the finished (flat) side toward your neighbour's property. Better yet, choose a board-on-board (shadowbox) design that looks identical from both sides — it eliminates the "good side / bad side" issue entirely.

Strata properties have additional rules. If you live in a strata development (townhouse, bare land strata), the Strata Property Act may override your right to build a fence without approval. Many stratas require written council approval for any fence installation or modification, even on property within your lot boundaries. Check your strata bylaws before planning any fence work.

Municipal bylaws still apply regardless of neighbour consent. Whether you build on your property or on the boundary line, you must comply with local height limits (typically 1.8 metres rear/side, 1.2 metres front), setback requirements, and any zone-specific restrictions. Some municipalities require the fence to be set back a certain distance from the sidewalk or roadway.

For boundary fence disputes that can't be resolved through conversation, consulting a BC property lawyer is recommended — boundary disputes are a specialized area of law and the cost of legal advice ($300-$500 for an initial consultation) is far less than the cost of a civil court proceeding.

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