Ask the Architect

What could be simpler than a fence?

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Q. I had a fence company recently give me an estimate for replacing a section of fence. I agreed with the estimate and gave them a deposit. I’m not questioning the need for a permit, but wonder if it’s customary for me to go to town hall to obtain the permit, or should the contractor be doing that?

A. Fencing, pools, driveway curb cuts and other property issues are a little different from building issues. They seem to be taken more lightly, and yet the consequences later can be aggravating. Many times I’ve reviewed homeowners’ papers when starting a project, only to see sketchy drawings not accurately reflecting what’s on the property. This is a problem when the fence is off the property line or the pool is too close to overhead wires or the neighbor’s property. You should at least check the plans a company is filing on your behalf if you don’t do the filing yourself.

When I submit building construction plans and the approval is held up because, years earlier, the fence wasn’t placed on the property line and nobody said a word until a new survey revealed the problem, it suddenly becomes important. People may complain that officials in your building department are too strict about these things, but it’s for a good reason. The wasted time and money to move a fence or pool or to get zoning variances to legalize incorrect placement can be significant and is avoidable. One client is currently being held up to close on their house because a shed and a fence aren’t where the plans on file said they were supposed to be. The bank’s attorney and the buyer’s attorney very astutely did their homework, and want to be sure the buyer and the bank don’t end up inheriting the problem created by the original owner or the installer.

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