Navigating Austin’s Updated ‘Safe Fencing’ Regulations: What Homeowners Need to Know

Fencing has been regulated for decades in Austin, and every now and then the regulations get updated. Not too long ago there was an update. It’s not about fence height or property line disputes. The changes are known as the Safe Fencing requirements. They are aimed at reducing injuries and improving safety, especially for animals, children and public workers.

The new requirements have made it more important than ever for homeowners to understand all the rules since there are now more stipulations for fence installations. Before you start a fence project in Austin, check out this rundown of the latest regulations – the Safe Fencing requirements.

The Safe Fencing Requirements Are All About Safety

There are many different fence designs, and certain types can actually be dangerous in some situations. We’ve all seen chain link fencing topped with barbed wire or a wrought iron fence that has pointed rods at the top. Those fences will certainly keep a property secure, but they pose safety issues as well.

Fence Design Requirements

Building a solid fence is always the goal, but there are a lot of ways to build a fence. A wrought iron ornamental fence is nothing like a wood privacy fence. Because of that some regulations don’t apply to certain types of fencing. With that in mind, the City of Austin has to make calls on what is and isn’t allowed for all fencing in terms of safety.

The Safe Fencing updates zero in on certain design features and fencing materials that can cause injury in any situation. The requirements mandate that:

• No spiked components are allowed above the top horizontal bar or rail of the fence.
• No pickets are allowed above the top horizontal bar or rail if the pickets are between 2″-9″ apart.
• Fences still have to be six feet high or less around the sides and back.
• No razor-like material is allowed on any fencing.
• Barbed wire can only be used for certain types of properties that are high security.
• The fence cannot be constructed in a way that could lead to impalement or entrapment.

Most of the latest requirements are pretty clear and straightforward. There’s always room for interpretation, but the general guideline is to construct fencing with safety in mind.

Updates Aren’t Retroactive

If you’re an Austin property owner with a fence that would be considered dangerous under the new regulations, don’t get too stressed. The latest updates aren’t retroactive. That means fences built before the changes are grandfathered in and don’t have to follow the new rules, even if the fence was installed a day before they went into effect.

Want to make sure your existing fence is good? The city has created an online interactive tool that will help you determine if the Safe Fence requirements apply.

50%+ Rule

If an existing fence that doesn’t comply with the latest regulations needs major fence repairs or total fence replacement, that is when the property owner would need to change the entire fence to be compliant with the Safe Fence regulations.

As the rules exist, if 50% or more of an existing fence is being replaced, the entire fence needs to comply with the Safe Fence requirements.

How Austin’s Safe Fence Requirements Are Enforced

With building code changes come a lot of questions. For instance, do you need a building permit to get a fence design cleared? Do you need to submit something after construction?

Austin has decided to take a complaint-driven approach to enforcing the Safe Fence requirements. That means they aren’t being proactive or making property owners take additional steps for approval. They are trusting property owners to follow the new guidelines and will investigate complaints about fences that aren’t in compliance.

How the Updated Fence Regulations Can Impact a Homeowners Insurance Policy

Your fence may be allowed even if it isn’t within the current guidelines, but you may still experience some changes. For starters, your insurance policy may change.

Safety issues are always a concern for home insurance providers because they could be on the hook for any injuries that occur on a residential property. If your fence isn’t compliant with the new requirements, your insurer may refuse to cover any injuries caused by the fence. It’s the same logic that’s used if there’s a swimming pool on the property that’s not properly fenced off.

There could even be stipulations for any adjacent property. Even renters insurance liability coverage could be impacted.

At Purple Fencing Company, we help homeowners across the Austin metro area navigate local fence regulations, permits and compliance requirements with ease. From understanding how fence regulations relate to building setback lines and zoning laws to assuring the fence is constructed to city code, the Purple Fencing Company team is a partner you can trust to keep your fence project in compliance.

Give us a call or contact us online to request a free quote.