All we wanted was to build some walls

Q. We seem to have run into a problem. Our landscaper does brick paving and walls, and we spoke to him last summer about putting in walls around our yard, front and back. It gives us a sense of privacy, and makes our yard more defined. Unfortunately, the walls in the backyard went up last fall, and the ones in the front yard were just beginning when we got a notice on our front door that we’re in violation of some ordinance we don’t understand. Aren’t we allowed to put in walls? They are 4 feet high and will have lights at the driveway entrance that will look very nice and make our driveway safer, we think. What can you tell us?

A. I often have conversations with people who say they read my column and could answer most of the questions themselves, because it seems so obvious what the answer would be. Your question made me wonder if you didn’t already have a clue about what you might have done wrong.

I’m amazed at how often people tell me that their builder told them they didn’t require a permit, and not to worry, or that the builder got the permit already and will start immediately — with upfront partial or full payment, of course.

Walls are just like any other built structure, and require not only permits, which readers who speak to me seem most focused on. The main reason for permission is safety, but secondarily, every property owner in a densely populated area is part of the bigger picture — bigger than their postage stampsized property — when viewed on a satellite image. You have to fit into the community.

This isn’t just about you. Walls define property, that is true, but they also create barriers to emergency responders who would need to access your yard in a raging fire scenario, for you or a neighbor. There are rules about how close a fence or other versions of a fence can be to a traffic corner, and how high they can be. Walls need to be constructed not to fail, just like other structures, and even a fence needs a foundation to keep it anchored from falling over or sinking under its own weight. Many communities have regulations that include an “architectural review,” meaning that they want to know the color, material and height of the fence, and even whether your lighting will shine onto other neighbors’ properties who may not share your de-light.

Because most building departments have little or no authority to penalize the builders who can lie about getting permits, which allows them to break the law without penalty, you, the homeowner, are stuck with the responsibility. Why this system is perpetual is beyond me, because there’s a neverending flow of anguished owners who can’t understand why they aren’t protected and not made aware until it’s too late, but that’s the way the illegal construction business works, for the present. Good luck!

© 2022 Monte Leeper

Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.

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