The short answer
In most GTA municipalities, a standard fence within the height limits doesn't need a permit. You may need approval when the fence:
- encloses a pool or hot tub
- is taller than the by-law allows
- is in a heritage district or on a designated heritage property
- hits another rule, like a gate onto a park or a creek-side lot
We checked each rule against official sources in November 2026.
Fence heights and permits by municipality
| Municipality | Rear/side max | Front-yard max | Standard fence permit? | Pool enclosure permit? |
|---|---|---|---|---|
| Toronto (incl. North York, Etobicoke, Scarborough) | 2.0 m (2.5 m beside a road, public walkway, or non-residential or multi-residential lot) | 1.2 m within 2.4 m of the street (2.0 m further back) | No | Yes |
| Mississauga | 2.0 m | 1.0 m solid or 1.5 m open, within 4.5 m of the street | No | Yes (Certificate of Approval) |
| Brampton | 2.0 m | 1.0 m | No | Yes |
| Vaughan | 2.0 m (2.5 m beside a road, public walkway, or non-residential or multi-residential lot) | 1.2 m within 2.4 m of the street (2.0 m further back) | No | Yes |
| Markham | 1.8 m | 1.2 m | No | Yes |
| Richmond Hill | 1.8 m | 1.2 m | No | Yes (with site alteration) |
| Oakville | 2.0 m solid, 2.2 m with lattice on top | 1.5 m if the part above 1 m is open lattice | No | Yes |
| Burlington | 2.5 m (new By-law 09-2026) or 2.0 m (older by-law) | 1.2 m within 3 m of the front lot line | Usually no | Yes |
| Hamilton | 2.0 m (2.4 m for a short run set back from the lot lines) | 0.9 m within 3.0 m of the front lot line | No | Yes (building permit) |
| Oshawa | 2.2 m within 2.0 m of the lot line | 0.9 m | Not on the permit list* | Yes |
| Whitby | 2.0 m (2.5 m along an arterial road) | 1.0 m | No, unless heritage-designated | Yes |
| Ajax | 2.0 m | 1.0 m | No | Yes |
| Milton | 2.0 m | 1.0 m | None listed* | Yes |
*Not clear either way (Milton's Fences page lists no permit, but its Building Permits page mentions fences), so we confirm with the building department for your address.
Corner lots have extra limits nearly everywhere, and in Toronto a fence within 2.4 m of a driveway must be see-through for its first 2.4 m from the lot line.
Pool enclosures always need approval
Every municipality above requires a permit or approval for a pool enclosure, usually before you dig or set the pool up. Watch for:
- What counts as a pool. Vaughan's permit covers pools, hot tubs and swim spas 76.2 cm (30 in) deep or more; Ajax treats hot tubs, spas and ornamental ponds that can hold more than 50 cm of water as pools.
- Minimum height. At least 1.2 m in most places, but 1.5 m in Hamilton, Oshawa and Ajax, and for metal fencing in Burlington and Milton.
- No water before sign-off. Nearly every municipality above bars water in the pool until the enclosure passes inspection (in Ajax, until it's finished), though a few, like Toronto and Whitby, allow it behind temporary fencing during construction.
- Extra steps. Toronto needs a Zoning Certificate before the Pool Fence Enclosure Permit, Mississauga a scaled site plan with lot grading (no hand sketches), and an in-ground pool in Brampton a Site Alteration Permit too.
Our Milton pool fence permit page shows what an application involves.
Going over the height limit
Toronto, Vaughan, Whitby, Oakville and Hamilton allow extra height in some spots (see the table). Beyond that, you need approval first:
- Toronto: an exemption from the local Community Council, applied for before installing; nearby neighbours are notified and can speak at the meeting.
- Whitby: staff decide requests up to 2.2 m after notifying adjacent neighbours, and a reasonable objection means refusal; 2.2 m to 3.0 m goes to the Municipal Licensing and Standards Committee.
- Oshawa: a City exemption, with abutting neighbours notified. A fence that met the old rules before February 18, 2014 keeps its height only until it's replaced, rebuilt or substantially repaired.
- Milton: a minor variance from the Committee of Adjustment, after a public hearing with notice to owners within 60 m (120 m on rural lots). More on our Milton fence permit page.
- Hamilton and Ajax: neither fence by-law sets out an exemption or variance process for extra height.
Heritage districts and designated properties
In heritage districts, a new fence often needs a heritage permit:
- Markham (Thornhill, Markham Village, Unionville, Buttonville): a new or different fence anywhere on the property needs a Minor Heritage Permit before work starts; repairs count as maintenance.
- Mississauga: front-yard fences (and some side-yard ones) in Old Port Credit Village and Streetsville need a heritage permit. In Meadowvale Village, a fence that meets the district plan needs a Clearance to Alter; otherwise it needs a Heritage Property Permit.
- Brampton: new fences in the Churchville district generally need a heritage permit.
- Whitby: the 2026 plans for Brooklin and Werden's Plan exempt rear-yard fences on non-corner lots that remove no trees; most other exterior changes need a heritage permit.
- Toronto, Vaughan and Richmond Hill: most exterior changes in Toronto's and Vaughan's heritage districts, and in Richmond Hill's Gormley district, need a heritage permit (in Toronto and Gormley, generally not for work out of view of the street).
- Designated properties: in Ajax and Milton, a new fence on a designated heritage property needs a heritage permit.
Other approvals to check
- Gates onto public land. A gate opening onto Town property such as a park needs a permit in Whitby, and a gate onto City parkland needs a Park and Gate Access Permit in Oshawa.
- Creek, valley and wetland lots. In a conservation authority's regulated area, a solid privacy fence generally needs the authority's permission: Ontario's O. Reg. 41/24 exempts only rail, chain-link or panelled fences with at least 75 mm between panels, outside wetlands and watercourses.
Fence permit pages by city
Each page covers that city's height limits, when a fence needs approval and what the application asks for: Toronto · Mississauga · Brampton · Vaughan · Markham · Richmond Hill · Burlington · Hamilton · Oshawa · Whitby · Ajax · Milton.
How we handle it
We measure your yard and check your lot's zoning, sight triangles, heritage status and conservation mapping. We draw the fence to the city's rules: layout, elevations, gates and, for a pool, the site plan. We submit the application, whether it's a pool enclosure permit, heritage permit, exemption or minor variance. Then we build to the approved plan.
Building a deck too? See our Milton deck permit page. For drawings and applications, see our permit drawings service or call our North York head office at 437-241-6287.