Construction of fences

07.02.2019

Building Department

In accordance with Cabinet Regulation No. 500 of 19 August 2014, Annex 1 of the General Construction Regulations, the fence is the engineering structure of Group I.

The conditions of the requirements laid down for the construction of the fence depend on the place where the construction of the fence is planned.

Two situations must be distinguished: the fence that will be built in the public outdoor space and the fence that will be built outside the public outdoor area.

An area and space accessible to the public shall be considered as a public outdoor space, consisting of streets, bullets, areas, parks, gardens, scraps, courtyards, beaches, passages, promenades and other places which have been transferred to public use irrespective of the ownership of their property. For example, a park located in a village area is considered as a public outdoor area; the boundary between two parcels is not a public outdoor space.

The construction of a fence in a public outdoor building shall be submitted by a simplified construction intention documentation – part I of the explanatory memorandum in accordance with Sub-paragraph 15.1 of Cabinet Regulation No. 253 of 9 May 2017 on the construction of certain civil engineering structures. The natural person shall be entitled to prepare such documentation independently without being contacted by a certified construction specialist.

Section 6 of Cabinet Regulation No. 253 of 9 May 2017, Regulations for the Construction of Separate Engineering Structures, states that the explanatory memorandum or other construction intention documentation is not necessary for construction works of the fence outside the public outdoor space. In this case, the construction of the fence shall be co-ordinated with the owner of the plot of land, the owner of the structure or, if such is not the case, the legal possessor of the land, the legal possessor of the structure and third persons whose rights are affected, if the laws and regulations regarding the necessity of harmonisation are not specified otherwise, and in conformity with the requirements laid down in other laws and regulations. Therefore, if the construction of a fence is planned between two parcels, construction documents are not required to be submitted in the construction board. The alignment takes place in a private way. It is desirable to draw up a co-ordination in writing, for example, by specifying the parameters of the land border plan, specifying the parameters of the construction fence, the route and signing.

For consideration, the binding regulations No. 3 of the municipality of Rezekne of 1 August 2013, Regulations for the Use and Building of the Municipality of Rezekne, raise the requirements for the appearance of the fence. Opaque fences above 1.2 m shall be located only around the courtyard and buildings. The border fences must be constructed and maintained jointly by both neighbors, and the fence along the entire border must be as much as possible. The fences along the streets and roads shall be not more than 1,8 m, except for areas whose fence heights are determined in accordance with the specific use of the territory. The construction of dense and opaque fences shall not be permitted along the streets and roads, except if it is necessary to protect the territory from noise and dust pollution by co-ordinating it with the owner or lawful possessor of the street or road. The fences in the “industrial building area (R)” and “technical building area (ta)” shall be at a height of 2 m to 2,5 m. It is permissible to deploy opaque fences if it is necessary for the provision of closed production areas. The use of barbed wire or similar surrogate material (scrap, plastic waste etc.) is not permitted in fences.

Rēzekne Municipality Building Board

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