According to the California State Licensing Board (CSLB), “…all businesses or individuals who construct or alter any…structure in California must be licensed by the California Contractors State License Board (CSLB)…all projects over $1000 require a license.
So, even if your current landscaping company is “licensed,” their license is different from that of a licensed California fencing contractor, and they can’t legally build or install a fence in the Bay Area.
Fences are a structural installation, so state, county, and city building codes govern their design and construction. These codes regulate things like:
- Fence height, which typically ranges between 4-foot and 6-foot, depending on the location (fences 8-feet or higher are only possible using a special permit and approval).
- Whether your property slope affects aspects of the design.
- How to move forward with removing, modifying, or installing the fence on a shared property line.
- The appropriate distance from the property line, street, and certain underground utilities.
- Property line setbacks.
- Certain materials or design styles.
- Whether or not you need specialty permits for your fence design.
- Etc.
These parameters may differ from city to city, and there are often rules or recommendations for things like corner lots, swimming pools, etc. For example, the City of Walnut Creek forbids anyone from building a fence on a corner lot without speaking to the building department first.
And, of course, your fence’s design may also be regulated by current HOA guidelines, so we also recommend reviewing your CC&Rs and the HOA’s review process to avoid any unnecessary penalties or fines.
Hiring a currently licensed fencing contractor is the only way to ensure that your fence is built legally, in compliance with building codes and current fence law, and that it is built without violating your neighbor’s property line.
Understanding why contractor licensing is required for fence building
First and foremost, contractor licensing is required when installing a new fence because cities want to ensure:
- The fence is built to code, local fence laws, and any other related ordinance.
- Materials are right for the job (especially important in the Bay Area, where fire-safe fencing is becoming the norm).
- The fence is durable and poses minimal risk to neighbors or passersby, especially in high-wind situations.
- Peace of mind, knowing that your contractor is licensed, insured, and bonded
- And so on
Why fence installation isn’t covered under standard landscaping licenses
Building departments want to know that the person or company hired to build a new fence is a bona fide general contractor. Landscape licenses do not fall into this category.
Licensed landscapers do not have the same level of structural building education, training, safety skills, and knowledge that a licensed general contractor does. While they are legally able to build certain decorative structures on your property, perimeter fences are a different story.
The CSLB states:
“In California, anyone who contracts to perform work that is valued at $500 or more in combined labor and materials costs must hold a current, valid license from CSLB.”
And they also warn property owners that, “Unlicensed operators pose a risk to you and your family’s financial security. They expose you to significant financial harm in the event that a worker is injured while on your property or if your property is damaged. Few, if any, unlicensed operators are bonded or have workers’ compensation insurance. The quality of their work usually doesn’t compare to that of a licensed contractor. Don’t take the chance to save a few dollars—you’ll probably end up paying more in the long run.
Potential liability issues when using unlicensed fence builders for your fence
In addition to the financial risk cited above, using unlicensed fence builders to build a fence on your property (or installing a fence without a permit) raises potential legal implications. In addition to building code violations and related financial penalties, you could wind up in small claims court if the fence is on shared property or violates your neighbor’s property boundaries.
Things to think about before starting construction on the proposed fence:
- Verify current building codes and regulations. Schedule a visit to your local building department to review specific fence laws, which will govern your final fence design and help you become clearer about where to put a fence, vertical restrictions,
- Talk to your neighbor(s). Talking to your neighbors before building the fence is more than just a good idea; it’s the law. You must provide written notice to your neighbors on any sides of the property regarding your intentions to remove, modify, or install a fence. This notice must be provided to them (with proof of receipt if possible) at least 30 days before fence work begins.
- Try to make it mutually beneficial. California has something called the Good Neighbor Fence Law. This can be a smart way to go. If you are both in agreement, you can put up the fence directly on the true property line and share both the construction and repair costs. Depending on the situation, you may decide to share the cost of the fence and related maintenance expenses. Depending on the established boundary line, you may only need your neighbor’s written agreement for a portion of the fence.
- Consider scheduling a property survey. To err on the side of caution, it’s always a good idea to invest in a surveyor to accurately determine your property lines. This avoids the risk of having to remove a fence soon after completion. It also saves you from inadvertently ceding some of your property to your neighbor if your fence is built on your side of the property line – giving them the advantage of adverse possession.
- Be mindful about privacy fence materials. Your choices are critical because some are safer than others, especially when it comes to fire risk. For example, installing a wood fence puts your home and your neighbor’s property at risk due to its highly flammable nature.
- Never remove or modify a fence until you’ve spoken to local authorities and any neighboring properties that share that fence line. Finally, never remove a fence unless you’ve done your due diligence. You may learn the hard way that you just removed the neighbor’s fence (even though you thought it was yours), that the fence line isn’t where you thought it was, or that the old fence is actually more sound than you thought. You may also find it was directly on the property line, which requires adherence to CA’s Good Neighbor Fence laws.
Again, hiring a local licensed fence company can help you with all of the above steps and ensure the fence is entirely legal.
Legal recourse limitations if your fence isn’t built to code
One of the biggest challenges you’ll face if the fence isn’t built to code is a punitive penalty from your local building department (or HOA). These citations can be the result of installing a too-high fence, a fence that’s not far enough away from the roadway, a fence built on or near pubic utilities that have a protected boundary line, etc.).
In addition to fines, penalties often result in having to remove your fence, implement modifications, or start all over again.
Insurance coverage gaps for improperly licensed fence work
California homeowners’ insurance companies are getting increasingly strict about property structures that pose a fire risk, including boundary fences in residential areas. You always want to build a fence that is fire-resistant to avoid the risk of coverage gaps or higher premium rates.
Examples of fire-resistant fencing materials include:
- Fire-safe aluminum
- Steel
- Fiber-cement
- Etc.
Fire-safe fences also require using the right materials where the fence meets the house, adjacent structures, or spans two properties.
Property line considerations and boundary disputes
Finally, you can wind up facing encroachment or trespass disputes with your neighbors. Your neighbor may even pursue a small claims court trial, and the situation can become far more complicated (and costly) than it would if you’d followed proper protocol. That protocol begins with hiring a licensed fencing contractor.
All of these legal implications are significantly more likely if you hire a landscaper, rather than a contractor, to build your fence. While they are absolutely the experts when it comes landscaping ideas and implementation, we’re the ones to hire when you’re ready to put up a fence.
Duce Construction Deck & Fence Knows Firsthand That Legal Fences Make Good Neighbors
Why get caught up in any legal confusion if you don’t have to? As licensed fencing contractors for more than 40+ years, Duce Construction Deck and Fence knows firsthand that legal fences make good neighbors. This includes hiring the right contractors for the job. Don’t put yourself at risk by hiring landscapers – rather than licensed contractors – to do the work.
We work closely with clients, local building departments, and HOAs to ensure the fences we design and build are in full-compliance with any and all local fence regulations. We’ll also walk you through each and every step of your fence project, from notifying your neighbors, applying for relevant building permits, and scheduling inspections, to the final build-out of your beautiful new fence.
Contact us to schedule a consultation, and we promise to guide you through a stress-free fence project from start to finish.