IS YOUR FENCE A LIABILITY? HERE’S WHAT YOU NEED TO KNOW
Sometimes, the best change you can make to your yard isn’t adding something new—it’s taking something away. That’s exactly what happened with spiked fences in Austin.
After the tragic death of a 2-year-old boy, the City of Austin passed the Safe Fencing ordinance in July 2023, which means fences can no longer have spikes, points, or sharp decorative elements protruding above the top rail. Those classic spear-top iron fences might look timeless, but under this ordinance, they’re considered impalement hazards—so they’re off-limits for new fences, with few exceptions.
And there are many other laws and codes that can impact you. Here’s the thing—the state of Texas doesn’t require that fence contractors be licensed. So, pretty much anyone can install them. And if they build something that’s not up to code, that usually falls on you, including any liability that goes along with it.
A fence isn’t just a boundary—and depending on how it’s built, where it’s placed, and how it’s maintained, it can quietly become a safety feature or a risk.
Let’s walk through some of the biggest things we see in Austin that can turn a fence into a liability.
IMPROPER POOL FENCES AND GATES
If you’ve got a pool, your fence is doing some serious work whether you think about it or not.
Austin follows strict pool safety standards—generally requiring:
A minimum 48” tall barrier, designed in away that it isn’t easy for a child to climb (no chain link, for example)
A self-closing, self-latching gate which opens away from the pool, with a latch at least 54” from the ground.
The goal here is simple: prevent accidental access, especially by kids.
Where things go wrong is when a fence “looks” like it should be fine but doesn’t meet those requirements. Maybe the latch isn’t at the right height, or the gate doesn’t fully close every time.
If something were to happen—and I don’t say that lightly—that’s where liability comes into play. Homeowners can be held responsible if a pool barrier doesn’t meet code.
FENCES IN THE WILDLAND URBAN INTERFACE (WUI)
Around Central Texas, especially near brush and open land, you’ll hear the term Wildland Urban Interface (WUI). That just means areas where homes are near natural vegetation that can burn.
In wildfire-prone zones, fences aren’t just fences—they can act like a fuse.
Wood fences, in particular, can create a direct path for flames to travel right up to your home. That can increase:
Fire risk
Property damage
Potential insurance issues
In 2025, Austin updated code requirements around what materials can be used within 10 feet of a structure in WUI areas. That might mean using more fire-resistant materials or adjusting how a fence connects to your home.
It’s one of those things that’s easy to overlook—but can matter a lot if something ever happens.
ROTTING FENCE POSTS (THE HIDDEN FAILURE)
This is one of the most common issues we see.
Wood fence posts eventually rot at right at ground level, generally where you can’t see it. From the outside, everything looks fine—until one day it isn’t.
A good windstorm hits, and the fence leans or collapses.
That’s not just inconvenient. That’s a safety issue.
A falling fence can:
Injure someone
Damage a vehicle or property
Create legal and financial exposure for the homeowner
Wood fence posts should be inspected periodically, by simply digging around the base of the post to get a good look. If the wood is getting soft or looks like it’s rotting, a timely repair can save money and protect from liability.
UNSAFE AUTOMATIC GATES
Automatic gates are incredibly convenient—but they can also be dangerous if they’re not installed correctly.
A proper system includes multiple safety features that protect children (and adults) from accidents. Those safety features can include:
Photo sensors to detect if someone walks in the area where the gate is closing
Excessive force sensors and safety edges to stop the gate if it runs into something
A manual release option
The gate should also be designed to minimize risk, which can be challenging sometimes. The goal is to prevent:
Entrapment (someone’s arm or other body part being caught in the gate)
Empalement (extended metal or other design elements which can hurt someone)
Any other risk
Those risks are especially high for children, who may be distracted while the gate is moving, or may not understand the risks.
Automatic gate systems are powerful motors, carefully engineered over decades to minimize risks.
But without the right design, installation, and maintenance, an automatic gate in Austin can become a serious hazard—and if something goes wrong, that liability can fall on the homeowner and the gate company.
It’s one of those areas where cutting corners is never worth it.
EXPOSED HARDWARE AND SHARP EDGES
Sometimes it’s the small details that cause the biggest problems.
We’ve seen fences with:
Nails and screws sticking out
Sharp spikes extending below the fence
Rusted, jagged metal
Even barbed wire in residential settings
Individually, they might not seem like a big deal. But put a kid running through the yard or a dog brushing up against it—and suddenly it is.
Austin’s safe fencing guidelines are designed to limit these kinds of hazards, especially anything that could cause impalement or serious injury.
SIGHT LINES FOR CORNER LOTS
If your property is on a corner, visibility matters more than you think.
In many Austin-area cities, fences can’t block sight lines for drivers or pedestrians near intersections. That means:
Fences can’t be too tall near the corner
They often need to step down or be set back
Certain designs may not be allowed
The goal is simple—make sure drivers can see what’s coming.
When a fence creates a blind spot, it increases the chance of an accident. And if that accident happens because your fence obstructed visibility, it can become a liability issue.
FENCING IN FLOOD-PRONE AREAS
In parts of Central Texas, flash floods are a real problem and can do serious damage. Some Austin-area cities restrict fencing in flood zones because:
Fences can block proper water flow
Water can build up and create pressure against structures
Improper placement can worsen flooding on neighboring properties
That can lead to property damage, code violations, permitting issues, and possibly even insurance coverage issues.
Before building in a flood-prone area, it’s worth understanding how water naturally moves across your property and whether or not you’re in a flood zone. A fence that ignores that can create more problems than it solves.
SPIKED OR PROTRUDING TOPS
This ties back to what we mentioned earlier.
Spiked or pointed fence tops—like spear-top iron fences—are now considered impalement hazards under Austin’s Safe Fencing ordinance. With very few exceptions (like certain commercial applications), they’re not allowed for new fences.
Even if it’s not sharp, anything that extends above the fence now needs to be close together — 2” max gap between those vertical pieces.
It might seem like a small design choice, but the intent is safety. Remember that each of these rules were created because someone (usually a child) got hurt, or worse - these regulations are trying to prevent that in the future.
KNOW BEFORE YOU BUILD
Not every contractor is going to take the time to understand local rules. Some will just say “yes” to get the job—and worry about the details later.
But those details don’t disappear. They come back to you.
As a homeowner, you’re responsible for:
HOA approvals
Property lines and surveys
Permits
Code compliance
That’s a lot to keep track of, especially if you’re not in the industry.
The right contractor should help guide you through all of that—not just build the fence and disappear. Because at the end of the day, a fence that isn’t built right doesn’t just look bad… it can become a liability.
FINAL THOUGHTS
A fence should give you peace of mind—not create problems.
Whether it’s:
A gate that doesn’t latch properly
A post that’s quietly rotting underground
A design that doesn’t meet code
Small issues can turn into big ones if they’re ignored.
The good news is most of these problems are preventable with the right planning and the right build from the start.
If you’re unsure whether your fence is up to code—or you’re planning something new—it’s worth taking the time to get it done right.
That’s what we’re here for.
If you want a second set of eyes on your fence or help planning a new one, reach out to Paragon Fence & Outdoor. We’re always happy to take a look and point you in the right direction.