Can the city force me to take down a fence I built without a permit in BC?

Yes, a municipality in BC can absolutely force you to remove a fence that was built without a required permit or that violates municipal bylaws — and they can issue fines, daily penalties, and ultimately obtain a court order compelling removal at your expense. This is not a theoretical risk; bylaw enforcement actions for non-compliant fences happen regularly across Metro Vancouver, often triggered by neighbour complaints.

The enforcement process typically follows a graduated approach. When a municipality receives a complaint or a bylaw officer identifies a non-compliant fence during a routine inspection or drive-by, the first step is usually a bylaw infraction notice or letter from the building or bylaw enforcement department. This notice identifies the violation — typically that the fence exceeds the maximum allowable height, was built without a required permit, encroaches on a setback, or violates some other bylaw provision — and gives you a deadline to bring the fence into compliance or remove it. Deadlines typically range from 14 to 60 days depending on the municipality and the severity of the violation.

If you don't comply with the initial notice, the municipality can escalate. Municipal tickets (bylaw tickets) typically range from $100 to $500 per offence, and some municipalities can issue tickets on a per-day basis for ongoing violations — meaning a $250 daily fine can accumulate rapidly. The City of Vancouver, Burnaby, Surrey, and other Metro Vancouver municipalities all have the authority to issue these tickets under their respective bylaw enforcement frameworks.

If tickets don't produce compliance, the municipality can pursue a court order through BC Provincial Court or Supreme Court requiring you to remove the fence. Under BC's Community Charter (for municipalities) and the Local Government Act (for regional districts), local governments have broad powers to enforce their bylaws through the courts. A court order for fence removal is legally binding, and failure to comply constitutes contempt of court — a serious legal matter. The municipality can also apply to the court for authorization to enter your property and remove the fence themselves, with all costs charged back to you.

The most common scenarios that trigger enforcement in Metro Vancouver include fences that significantly exceed height limits (a 2.4-metre fence where 1.8 metres is the maximum is very visible and frequently reported by neighbours), front yard fences that obstruct sight lines at intersections or driveways (a safety concern that municipalities take seriously), fences built within required setbacks from property lines or streets, fences that block access to registered easements or rights-of-way, and fences that violate the specific design requirements of a development permit.

Neighbour complaints are the primary trigger for fence bylaw enforcement. Municipalities generally do not proactively patrol for non-compliant fences — they respond to complaints. This means a fence that technically violates a bylaw might stand for years without issue if neighbours don't object. But it also means that any change in your relationship with a neighbour, a new neighbour moving in, or even an unrelated dispute can suddenly result in a complaint about a fence that's been standing for a decade.

Your options if you receive an enforcement notice include bringing the fence into compliance by reducing its height, relocating it, or modifying it to meet bylaw requirements. You can apply for a Development Variance Permit (DVP) after the fact if you believe there are grounds for the municipality to allow the non-compliant fence to remain. A DVP application involves fees, neighbour notification, and a decision by Council — and there is no guarantee of approval, especially if the neighbours who complained oppose it. You can also appeal bylaw tickets through the municipal adjudication process.

The practical reality is that it's always cheaper and less stressful to build a compliant fence in the first place. Checking with your municipal building or planning department before construction takes a phone call or a quick visit and costs nothing. If your project requires a permit, the fees in Metro Vancouver typically range from $100 to $500 — a small fraction of the cost of building a fence, tearing it down under enforcement, and rebuilding it to code. And if a neighbour dispute is the underlying issue, a non-compliant fence will only escalate the conflict.

If you're planning a fence that might be close to height limits or that has unusual circumstances (corner lot, retaining wall combination, near a watercourse), get professional guidance upfront. Vancouver Fence Builders can connect you with contractors who understand Metro Vancouver municipal requirements and can help you design a compliant fence that meets your needs.

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