Bylaw Summary: Fencing rules and regulations for fencing in Kitchener

When considering a fence project or an enclosure around your pool, don’t get caught red-handed by bylaw complaints leading to costs for re-work or fines($5000 maximum) on your fences. Jay Fencing is your expert advisor on planning and installing bylaw-compliant perimeters. This article features a highlight of resources for those planning a fencing project followed by key items to consider when building residential or commercial perimeters.

kitchener logo Kitchener Bylaws Resources Relating to Fencing

Once your fencing or pool project is complete, the last thing you want is to be served a notice of bylaw infraction. This may  lead a homeowner to have to pay for additional materials and labour to comply with city bylaws. The following content is a summary of key bylaw related documents:

The information provided is a summary of key items and is in no way a substitute for an actual review of by-laws on property maintenance which may be found here.

Key Topics for Fencing Rules and Regulationsbylaw focus topics

Results of Nonconformance

If changes are not made to conform to bylaws on receipt of a complaint to the City’s Bylaw Enforcement offices, the following things may happen:

  • Legal action will be taken against you by the city
  • A maximum fine for non-compliance of $5000
  • Additional costs required to modify your fencing perimeter

Driveway Gates

  • Driveway fencing along with a gate are permitted, providing the gate is at least 2.59 meters (8.5ft.) wide

Electrical /Barbed Wire Fenceselectric barbwire fence

Both types of fences are prohibited from residential properties.

  • Electrical and barbed wire fences are both permitted on agriculture properties for the purpose of containing livestock
  • Barbed wire fences are permitted on these bases as well:
    • The wire sits on top of a fence on top of a commercial property, with wires projecting towards the property
    • For recreational, operational, or storage facilities owned and operated by City of Kitchener

Things to Know When Building a Residential Fence

  • A permit to construct a fence is only required if it encloses a  swimming pool
  • If an exemption is required from the Fence Bylaw an application may be submitted for minor deviations to the City Hall – see here for more info
  • For interior lots(property located in the middle of the block) fences can be a maximum height of:
    • Front yard max height: 0.93 metres (3 ft.)
    • Rear/side yards max height: 2.4 metres (8ft.)
  • For corner lots fences can be a maximum height of:
    • Front yard max height: 0.9 metres (3 ft.) high, within 1.5 metres (5 ft.) of the side lot abutting a street and within any driveway (DVT -see red circle) or corner visibility triangle(CVT – see green circle in image), including a neighbour’s driveway.
    • Alternative front yard max height: 1.82 metres (6ft.) high if the fence is set back at least 1.5 metres (5 ft.) from the side lot abutting a street.
    • Rear and interior side yards max height2.4 metres (8 ft.) if they are set back a minimum of 4.5 metres (15 ft.) from the side lot abutting a street

Things to Know When Building a Fence for Industrial or Commercial Lots

In this instance, the same rules for bylaws apply for residential properties (interior and corner lots) except:

  • Fences can be erected to enclose a front yard if these requirements are satisfied:
    • Minimum distance away from front line: 7.62 metres (25 ft.) from the front line and must not be located within the corner visibility triangle (see image above with red annotations)

Summary of Pool Enclosure Requirements

pool enclosure requirementsHere is an excerpt of the Pool Enclosure Requirements listed in the resources section of the article. These stipulations help ensure the safety and economic use of space for your family, commercial business, and the community.

  • Minimum height of pool enclosure/gate: 1.52 metres ( 5 ft.)
  • Minimum height of pool enclosure:
    • Space between fence and grade not to exceed: 0.10 metres (4 inches)
    • Fence components running horizontally, vertical distance between components must be at least: 0.91 metres (3 ft.) apart or
    • Minimum height of pool enclosure: 0.04 metres (1.5 inches)
    • Distance from fences that do not meet provisions, minimum: 1 metres (3.28 ft.) away
    • If your pool enclosure is within 1 metre (3.28 ft.) of a fence that does not meet provisions , the height of the pool enclose must be at least 2.44 metre (8 ft.) in height

Additional Stipulations:

  • Every aspect of fence enclosing a swimming pool will restrict access into the enclosed area
  • No person shall place or lean a moveable object against the enclosure that aids in the climbing of the fence
  • Access for ladders or stairs  to above ground pools must be locked or supervised by an adult
  • A pool is not permitted to be filled with water unless it has been enclosed in accordance with provisions (indicated here in full)

Jay Fencing Frees You from Dealing with Fencing Rules and Regulations

Having worked with clients who owned properties of all shapes and sizes, we have a deep understanding and practical know how ensuring great looking fences that meet bylaws in your city. Here is what others have said about Jay Fencing:

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The best way to determine which fencing option is for you is to reach out to Jay Fencing Ltd. Let Jay Fencing deal with the fine print and bylaws while you focus on your business and family, all at the very best value. With Jay Fencing you can expect these services every time we serve you:

  • Careful consideration to community requirements
  • Personal and property security
  • Privacy
  • Protected play for children and pets
  • Over 28 years of experience delivering quality service to Kitchener-Waterloo clients

We service customers everywhere from Stratford, to Brantford, to Mississauga, to Fergus and everyone in between. Book a consultation today and Jay Fencing can help you pick the right perimeter for your property.