Fence laws in Virginia
What Virginia statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
Virginia fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | Va. Code § 55.1-2821 |
| Fence height | Silent | no figure | Va. Code §§ 55.1-2800 through 55.1-2841 |
| Permits | Stated | no figure | 13VAC5-63-80 |
| Pool barriers | Stated | no figure | 13VAC5-63-336 |
| Spite fences | Silent | no figure | Va. Code §§ 55.1-2800 through 55.1-2841 |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Not researched yet | no figure | none |
Fence laws in Virginia, question by question
Who owns the fence between two properties in Virginia?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Virginia treats a fence on the line between two properties as a shared cost. Neighbors build and keep up division fences at joint and equal expense. Two things end that duty: one neighbor choosing to leave the land open, or the two of them agreeing to something different.
Adjoining landowners shall build and maintain, at their joint and equal expense, division fences between their lands, unless one of them chooses to let his land lie open or unless they agree otherwise.
How tall can a fence be in Virginia?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Virginia sets no statewide limit on residential fence height. The state fence chapter says nothing about height, and the statewide building code exempts fences of any height from a permit. Height limits in Virginia come from county and city zoning ordinances.
Documents read before writing that:
- Va. Code §§ 55.1-2800 through 55.1-2841Virginia General Assembly
- 13VAC5-63-80Virginia Department of Housing and Community Development
Do I need a permit for a fence in Virginia?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Virginia is unusual here. The Uniform Statewide Building Code exempts fences of any height from a building permit, with no number attached. Two carve-outs remain: a fence needed for pedestrian safety under Section 3306, and a fence used as the barrier for a swimming pool. A local zoning permit is a separate matter from the building permit this section covers.
Fences of any height unless required for pedestrian safety as provided for by Section 3306 or used for the barrier for a swimming pool.
Pool fence requirements in Virginia
StatedThe code gives a plain answer, and the line it appears on is quoted.
Virginia handles pool barriers through its statewide building code. The Uniform Statewide Building Code sends swimming pools and pool enclosures to the International Swimming Pool and Spa Code, 2021 edition. Virginia states no barrier height of its own, so the numbers come from that ICC code rather than from Virginia text.
Swimming pools, swimming pool enclosures, and aquatic recreational facilities, as that term is defined in the ISPSC, shall comply with applicable provisions of the ISPSC.
Spite fence laws in Virginia
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Virginia has no spite fence statute. Chapter 28 of Title 55.1 is the state fence chapter, and its eight articles cover electric fences, lawful fences, cattle guards, trespass by animals, no-fence areas, division fences, unincorporated communities and cutting timber. None of them mentions a fence raised out of malice or sets any height trigger.
Documents read before writing that:
- Va. Code §§ 55.1-2800 through 55.1-2841Virginia General Assembly
- Va. Code § 55.1-2821Virginia General Assembly
How fence height is measured in Virginia
Not researched yet for Virginia. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Virginia
Not researched yet for Virginia. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Virginia
Not researched yet for Virginia. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Virginia
Not researched yet for Virginia. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Virginia
Not researched yet for Virginia. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
4 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Virginia General AssemblyCode of Virginia, Title 55.1, Chapter 28, Article 6, Section 55.1-2821, Obligation to provide division fences
- Virginia General AssemblyCode of Virginia, Title 55.1, Chapter 28, Trespasses; Fences, full chapter listing
- Virginia Department of Housing and Community DevelopmentVirginia Administrative Code, 13VAC5-63-80, Section 108 Application for permit
- Virginia Department of Housing and Community DevelopmentVirginia Administrative Code, 13VAC5-63-336, Chapter 31 Special construction, Section 3109.1
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean