Permit guideMarkhamBuilding PermitsFences

Fences and fence exemptions

All fences in the City of Markham must follow specific guidelines for design, height and construction; fences other than a pool enclosure fence need no building permit.

From Markham’s own pages, checked Oct 2026.

  1. Check whether you need a permit

    Fences other than a pool enclosure fence: no building permit

    You don't need a Building Permit for the following housing projects:

    • Fences other than a pool enclosure fence
  2. Follow the fence by-law

    All fences in the City of Markham must follow specific guidelines for design, height and construction.

    • Your front yard is generally the area of your yard that extends from the front edge of your home (or garage) forward to the street.
    • The area at the side of your house is called the interior side yard if your home has houses built on each side.
    • If your property is built on a corner, the side that runs along the other street is called the exterior flank yard.
    • You may build a fence in your front yard up to 1.2 metres (≈ 3 ft 11¼ in) (4’) in height.
    • From the front edge of your property back, properties with two interior side yards may build fences along their property lines, and along the back, up to 1.8 metres (≈ 5 ft 10⅞ in) (6’) in height.
    • On corner properties, a fence along the exterior flank yard can only be up to 1.2 metres (≈ 3 ft 11¼ in) (4’) in height.
    • Your fence must follow the shape of the land as much as possible. If your property slopes, that fence must reasonably follow the slope.
    • You can build a fence along the rear of your property with .3 metre (≈ 9 ft 10⅛ in) (1’) of lattice on top, as long as it does not exceed the maximum height.
    • Fences built across a natural or created waterway, such as a stream, must be designed to ensure this drainage feature is not blocked (contact By-law at 905-479-7782).
    • If your property backs onto a commercial lot, railway line or major highway, these rules do not apply to such fences.
    • Homeowners who contravene any part of this by-law can be fined up to $5,000.
    • For more information call the By-law Enforcement and Licensing Department at 905-479-7782 or email customerservice@markham.ca.
  3. Only if you desire to share the costs of a division fence with your neighbour

    Share the cost of a division fence, if you want to

    When a fence is built right down the middle of this boundary, so that the posts actually straddle each property, it is called a division fence, and its construction requires sharing of the cost by both neighbours.

    • The line along the front, sides and back of your property is marked on your Plan of Survey. You can use this survey to figure out your fence boundary; if you need to be more accurate, a qualified surveyor can tell you exactly where these boundaries are.
    • You have the right to build, at your expense, a division fence to mark the boundary of your property.
    • If you desire to share these costs with your neighbour, you must first serve notice to your neighbour, at least 14 days before you begin (by registered mail) that you intend to build a fence.
    • Ideally, you will both agree (in writing) to split the expense equally.
    • If you both cannot agree on the fence type and construction costs, this by-law requires your neighbour to pay only the ‘basic cost’ of building a simple 4-foot-high chain-link fence. You can achieve your plans for a more expensive fence only if you are willing to pay the rest of the cost.
    • If you desire this expense to be more equally shared, you and your neighbour can work this out in a provincial court. This is a private-property matter between the two of you. The City will not get involved.
    • If your neighbour refuses to pay his/her share of the ‘basic cost’, you can serve notice on your neighbour (by registered mail) requiring payment in compliance with this by-law, and he/she is legally required to pay within 30 days.
    • Fences built by condominium corporations are considered owned by the corporation, and their cost is a common expense that is paid through condominium fees.
  4. Only if you apply for a Fence Exemption

    Apply for a fence exemption, if needed

    The City of Markham provides its residents with the opportunity to apply for Fence Exemption online. The application process has three steps:

    Step One

    • The applicant provides the required information on the screens that follow including the location and fence type for the exemption.

    Step Two

    • By Law Enforcement staff will review the application to determine eligibility and set up for a property inspection.
    • The applicant at this time may be required to provide further documentation as listed in the process.

    Step Three

    • The applicant is then advised by call and provided with certification if the application for the exemption is approved or declined.
    • The applicant will then receive confirmation or refusal of the exemption and direction to then be taken

    Lead time and contact

    • Fourteen days lead time is required to set up inspection dates and properly process all Fence Exemption Applications.
    • For further information on fence exemption applications, please contact the By-law Enforcement & Regulatory Services at 905.477.7000 extension 2359.

Written from Markham’s own pages as published on 18 October 2026. The municipality decides what a permit needs: confirm with it before you apply. Legal notice

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