New York Agreement between Adjoining Landowners to Maintain Partition Fence
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FAQ
Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.
A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the neighbor's view or obstruct the passage and enjoyment of light or air.
Plans & Permits Construction may only begin after the Department approves construction plans and issues permits for a deck or porch. Only an NYS licensed professional engineer (PE) or registered architect (RA) may design them.
Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.
The NYC Building Code generally allows a maximum fence height of 10 feet, and the NYC Zoning Resolution outlines additional height limits: Residential districts: 6 feet, BC §3112.1. Residential front yard fences: 4 feet, ZR §23-44. Residential side of corner lot: 6 feet, ZR §23-44.
Permanent or non temporary fences may require a permit. For one- and two-family dwellings, DOB does not require permits for fences 6-feet or less in height, and homeowners may their own fencing. In residential locations, fences are not required between properties.
Some examples of work that does not need a permit are: Painting. Plastering. Installing new cabinets* Plumbing Fixture Replacement. Resurfacing floors* Non-structural Roof Repair.
The NYC Building Code generally allows a maximum fence height of 10 feet, and the NYC Zoning Resolution outlines additional height limits: Residential districts: 6 feet, BC §3112.1. Residential front yard fences: 4 feet, ZR §23-44. Residential side of corner lot: 6 feet, ZR §23-44.
