Are Fence Spikes Legal – How to Be Sure
There are several reasons you might choose a fence with spikes on top. Maybe you want a little added security. Maybe you just like the way they look.
However, if you’re considering installing a fence with fence spikes, you should also be asking the question are fence spikes legal in your area? Here’s what you need to know.
What Are Fence Spikes?
Fence spikes, like the image on this article, are spikes that are attached to the top rail of a fence. There are several ways this might be done:
- In some cases, the fence spikes are part of the picket that is flattened and then shaped to form the spike in the fence factory
- Some fence spikes might be cut at an angle to create a spike, using either solid or hollow bar fence pickets or infills
- Some fence spikes are even sharpened to a point using a solid round bar and a process not unlike a pencil sharpener
- Finally, there are cast fence spikes that can be welded to the top of a fence during the manufacturing of the panels
Fence spikes are usually spaced at the same distance as the pickets, and they not only add some security by making the fence harder to climb, they also add esthetic appeal.
Why Are Fence Spikes Illegal In Some Places?
Before we get into how you can know for sure are fence spikes are legal in your area, it’s worth knowing why fence spikes are not legal in some places.
One reason might be fence height. Generally speaking, anything that might accidentally injure a member of the public passing by your fence needs to be higher than 1.8m or 6 feet. If your fence is lower than that, added security features like fence spikes might not be allowed.
Another reason is that there might be wildlife in your area that might jump fences, and if they don’t make the jump, they might be impaled on spikes. In some areas, this has led local governments to ban fence spikes outright.
The final reason is that local authorities believe fence spikes are too dangerous for their area, and their added security is insufficient to justify their use.
Who Needs to Know If Fence Spikes Are Legal In Your Area?
Many customers incorrectly assume that the fence company they work with should and will be aware of all the bylaws related to fencing in their area.
However, most fence companies do not submit plans or pull permits, and they don’t know all the fence-related regulations in every area.
So, while they might have some knowledge based on prior projects, the onus is usually on the customer to ensure that the fence they want to install is allowed in their area.
If you do choose to install a fence that is not legal in your area, and local authorities stop work or tell you to remove or modify it, you will probably be on the hook for any materials and labor required to make your fence compliant. So it’s a good idea to be completely sure before you sign that quote!
How Can You Know for Sure If Fence Spikes Are Legal?
The best way to be completely sure if fence spikes are legal in your area is to speak to the local building department of your municipality or city.
Decisions about the legality of any built structure on any property in your area will be determined by local building bylaws, and those can also change over time. So even if your neighbor has fence spikes, laws might have changed between when they installed their fence and when you plan to. So while their fence might be grandfathered in, yours would be in violation of building laws and regulations.
Always double-check, provide pictures of the type of fence you plan to use, and document all your inquiries, so you can be sure you’ve dotted all the I’s and crossed all the t’s.
