Oak Bay fence rules: permits and height limits

Do I need a permit to build a fence in Oak Bay, and how high can it be?

Oak Bay, British ColumbiaChecked against official textSources read 2026-11-06

How it works

Oak Bay's Screens and Fences Bylaw No. 3536 sets height limits. It does not mention a permit, and the District's list of work needing a building permit does not include fences (only retaining walls over 1.2 m). The bylaw says no one may build a fence unless it fully complies with it. "Fence" includes walls, railings and screens. Height is measured from the highest natural ground within 1 m of the fence.

Steps

1. Check which limit applies: street side, corner, or side and rear.
2. Build within the limit.
3. If unsure whether you need a permit, call the Building and Planning Department before you build.

Good to know

• Within 7.62 m (25 feet) of any property line next to a street: no higher than 1.38 m (4.5 feet).
• Corner lots: no fence over 1 m (3 feet) within a square at the corner whose sides are at least 7.62 m (25 feet), measured from where the paved roads meet.
• Side and rear: no higher than 2 m (6.5 feet), except a wire fence around a tennis court.
• A trellis up to 0.46 m (1.5 feet) may be added if it meets the open-lath rules in section 6.4. It cannot go within the corner square.
• A swimming pool must be enclosed by a fence at least 1.2 m high, with openings under 100 mm and self-closing, self-locking gates.
• A retaining wall's exposed face may not exceed 1.2 m under the Zoning Bylaw.
• A municipal ticket for failing to comply with the fence rules is $390, or $300 if paid within 30 days. A court conviction can mean up to $2,000 plus costs.