ANTI-CLIMB SPIKES on your garden fence can help add security to your home – but you could be breaking the law.
Fences often cause a stir between neighbours and there are certain legal considerations you’d need to consider before bolstering your fence with security.
In the UK, plastic spikes on your garden fence are legal, so long as they meet the legal requirements.
While it’s ok to prevent trespassers, the Occupiers’ Liability Act 1984 states that home owners still have a duty of care to others.
If someone is injured due to a lack of warning signs, the property owner could face legal consequences.
Therefore, by law home owners can be liable for injury caused to even those not authorised to be on their premises and can potentially be sued by the trespasser if your fence doesn’t meet the legal requirements.
In order to legally deter intruders without causing people or animals injury, the following requirements for your fence must be met:
The maximum height for a garden fence in the UK is two metres. Therefore anti-climb spikes can’t be fitted to any fence less than this height.
If you need to build your fence higher, you will need to acquire planning permission from your local council before doing so – failure to do this could land you a £20,000 fine.
If you find out that the fence you want to add plastic spikes to is owned by your neighbour, you’ll need to ask for their permission before making any changes to it.
If you have garden spikes of any kind, then appropriate warning signs should be clearly displayed to warn trespassers off.
The spikes should not cause harm to people or animals. For example, spikes may not be appropriate in schools, youth centers, psychiatric hospitals, or public buildings.
Spikes should not be installed with the intention to injure animals and any changes made to your fence would need to take consideration for wildlife.
Clearly communicating the presence of security measures through warning signs can help deter intruders.
Warning signs should be placed at regular intervals along the fence so that they are easily visible to anyone approaching.
Depending on the length of the fence, signs should be placed and repeated every 2–3 meters.
Warning trespassers about the dangers of climbing with a sign that says, ‘Caution: danger of injury from fence spikes’ would adhere to the legal requirements.
