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Frequently Asked Questions 

Do I need a permit to build a fence?

A permit is not required to build a fence, however you are required to comply with Fence By-law 2019-130. If the fence is being used to enclose a pool, a Pool Fence Permit is required.

When a pool fence permit required?

All swimming pools including a swim spa and hot tub require a Pool Fence permit prior to construction.

All swimming pools within the Town must be fully enclosed in a safe manner by a fence, building or wall. The enclosure shall:

  • Be no less than 1.2 metres (4 feet) in height and must completely surround the pool
  • Have openings that are no greater than 100 millimetres (4 inches) spacing
  • Be equipped with a lock as well as a self-closing and self-latching device on all gates and doors
  • Not facilitate climbing
  • Be maintained in a safe and structurally sound manner
  • Be completely constructed before the pool is filled with water

 Swim spas and hot tubs do not require a fence provided that they have a lockable cover capable of supporting a weight of at least 90.72kg (200 pounds).

For further information on pool enclosures, please refer to the Pool Enclosure By-law 2019-131 

Pool Enclosure Permit Application 

When can I build my new fence?

Homeowners should not install any landscaping or construct any structures which may alter the grading and/or drainage to the their lot or neighbouring lots until grading has been completed by the developer and certified by the consulting engineer. If you build a fence prior to the grading being approved your builder may request you to remove the fence. Please remember to always call 1-800-400-2255 prior to digging to ensure you will not be impacting any underground infrastructure.

What are the height restrictions for a fence?

Front Yard fences shall not exceed a height of 0.9 metres (3 feet) except if chain link which shall not exceed 1.2 metres (4 feet) in height.

Side Yard and Rear Yard fences shall not exceed 2 metres (6.6 feet) in height.

When erecting a fence, who determines the property line?

You can determine your property line by looking at the property survey that you received at the time you purchased your home. The Town of East Gwillimbury does not determine property lines. If you do not have a copy of your property survey you will be required to hire a private firm to survey the property in order to determine the property line.

Is the adjoining property owner required to share in the cost of a division fence?

The cost of a fence between two property owners should be shared as both parties are legally considered joint owners of the fence.

If two property owners cannot agree or reach an agreement, the owner wishing to proceed with building a fence must submit a Notice of Intent to the adjoining property owner by registered mail, advising the intent to construct or maintain the division fence.  The Notice of Intent must contain the following information:

  • Three written quotes for the actual cost and/or basic cost (4 foot, 1-1/2 inch mesh, steel chain link fence) of the fence work
  • Statement that the construction/maintenance may commence 14 business days after the mailing of the Notice of Intent and may seek contributory payment for the work
  • Statement that the adjoining owner may obtain three additional quotes no later than ten business days from the date of mailing of the Notice of Intent

For more information, Division Fence By-law 2019-129 and procedures 

 What are the set back provisions for erecting a fence or privacy screen?

All fences shall be located a minimum of 45 centimetres (18 inches) from a sidewalk.

A Privacy Screen shall be located a minimum of 1 metre (3.37 feet) from the rear and side lot line and a minimum of 4.5 metres  (14.9 feet) from street line.

Please be advised no fences are permitted in a Sight Triangle or Driveway Sight Triangle.



If you have any further questions please email the Town's By-law Departmentlinks to external site for more information.