In short: usually you need a building notice (ehitusteatis). Here is what the Building Code says, which extra conditions your municipality may set, and what to do when the fence sits on a boundary with a neighbour.
That is what Annex 1 of the Estonian Building Code (Ehitusseadustik) says, in force since 1 August 2026. An ordinary fence with posts concreted into the ground involves deeper digging in practice, so expect to file a building notice. Reconstructing (altering) a fence or replacing a single part with an equivalent one needs no notice; extending or demolishing it does. Replacing a whole fence with a substantively new one counts as demolition plus new construction.
| Work | What you need |
|---|---|
| Building a new fence or gate with digging deeper than 30 cm | Building notice and building design |
| Extending a fence | Building notice |
| Reconstructing (altering) a fence | Not required |
| Replacing a single part with an equivalent one | Not required |
| Demolishing a fence | Building notice |
Source: Building Code, Annex 1 (in Estonian, in force since 1 August 2026), row “Piirdeaed või värav, mille ehitamisega kaasnevad kaevetööd sügavamal kui 30 cm”; every row applies to such a fence or gate. In justified cases the municipality may require a notice for a structure not listed in Annex 1 (Building Code § 35(4)). If the fence is installed without digging, ask your municipality.
A detailed plan or a municipal plan can set the height, material and transparency of a fence. Under Harku Municipality's thematic plan, a mesh or partly transparent timber fence at a detached, semi-detached or terraced house may not exceed 1.5 metres, and solid close-boarded fences are not allowed except as noise barriers or around industrial sites.
In Harku Municipality the fence must stand at least 2 metres from the edge of the road surface where the boundary is closer to the road, leaving room for snow clearing.
In Tallinn's milieu-value areas (miljööala) the city recommends street fences of generally 1.2–1.5 m, or 1.5–1.8 m for close-boarded fences. The city does not consider mesh and welded panel fences suitable there. As an exception they may be considered between plots, not on the street side, if a dense hedge or climbing plants fully hide the mesh. The city decides case by case.
Before drilling post holes, find out where cables and pipes run, so the fence does not sit on a utility line or damage it.
In the protection zone of a listed monument or heritage conservation area, the municipality agrees the building notice with the National Heritage Board. If no notice is needed, the Board must be told at least 10 days before work starts. On the monument itself and inside a heritage conservation area, building needs the Board's permit.
Sources: Harku Municipality, structures (updated 30.03.2026), Tallinn, fences in milieu-value areas (updated 11.04.2024) and the Heritage Conservation Act §§ 52, 58–59, in Estonian. The rules of other Harju County municipalities are collected in our guide to fence height rules in Harju County.
Under § 151 of the Law of Property Act (Asjaõigusseadus), a wall, hedge, ditch or similar thing separating two properties is in the joint use of the neighbours, regardless of who owns it. If both neighbours use it, they share the maintenance costs equally. If it is needed in one neighbour's interest, it may not be removed or altered without that neighbour's consent.
For cost sharing, boundary markers and a written agreement, read more: a boundary fence with your neighbour.
Source: Law of Property Act § 151, in Estonian.
The building notice goes to the municipality through the Building Register (ehr.ee) at least 10 days before work starts. If the municipality does not report a need for further checks within 10 days, work may begin, and you may build under the notice for four years. The notice gives the property details and cadastral number, a description of the fence and its position on the plot, and the design is filed with it. The municipality may also involve the neighbouring owner. According to Harku Municipality there is no state fee, and the site plan is drawn on a geodetic base plan or a setting-out plan.
LuxAed provides the fence's technical data and describes the scope of work. Whether a formal design or notice is needed, and who files it, is agreed separately.
File the building notice before ordering materials. If the municipality asks for more information, you are not left waiting with panels already bought.
The costliest mistake is a fence that ends up a few centimetres on your neighbour's land. If you cannot see the boundary markers, have a surveyor restore them.
A detailed plan may ban solid plank fences or limit the height. Check it before you choose the fence type.
A short note on position, height and cost sharing saves arguments later.
Yes, if installing the posts involves digging deeper than 30 cm, for example drilling and concreting. Then you need a building notice and a design, as for any fence. If in doubt, ask your municipality.
It depends on the work. Replacing a single part like-for-like or reconstructing the fence needs no notice. If the old fence is torn down and a substantively new one goes up, that is demolition plus new construction (Building Code § 4(4)), which needs a building notice and, with digging deeper than 30 cm, a design.
Not always, because the Annex 1 requirement is tied to digging deeper than 30 cm. The municipality may still require a notice in justified cases (Building Code § 35(4)), so ask before work starts.
Under the Building Code the notice must be filed at least 10 days before work starts. If the municipality does not report a need for further checks in that time, you may begin. You may build under the notice for four years.
Yes. In the protection zone of a listed monument or heritage conservation area, the municipality agrees the building notice with the National Heritage Board. If no notice is needed, the Board must be told at least 10 days before work starts.
Usually the property owner or their representative files it in the Building Register. LuxAed provides the fence's technical data; who prepares the design and files the notice is agreed separately.
Checked 27 September 2026. This guide is not legal advice: check the current requirements of your municipality before work starts.
We measure the site free of charge and provide the fence's technical data for the notice.