Which Side of the Fence Faces Out, and Who Pays If It's Wrong?
Decide which side of the fence faces out before the first post goes in, check the code and HOA rules for that address, and put the choice in writing. Here is how to do it so a tear-out doesn't land on your crew.
By the MagicBuild team ·
Which side of the fence faces out, the good side or the rail side?
The good side, the flat finished face with the rails and posts behind it, is what most people expect to face out, but your local code and HOA decide it for that address, not habit.
On a standard privacy fence the rails and posts sit on one side, so the choice is locked in when you set the first post and hang the first rail. Flipping it later means rebuilding, not turning boards around. That is why the decision belongs at the estimate stage, not on day two.
Two things cause most of the arguments. The customer and the neighbor both want the nice side, and the contractor builds it the way he always does without asking. A board-on-board or shadowbox style looks finished from both sides, so it can end the argument, though it usually costs more in lumber and labor.
Is there a law that says the finished side has to face the neighbor?
Some towns write it into their codes and some don't, and there is no single rule across the country, so you have to check the address you are building on.
Here is how the wording shows up in a few places, so you know what to look for:
- West Allis, WI says the good side of a fence must face outward from the property toward the neighbor, the street, or the alley (West Allis).
- Hugo, MN zoning text says the face of the fence shall front the abutting property, meaning good side out (Hugo zoning code).
- The Town of Ithaca, NY Inlet Valley Overlay District calls for a good neighbor design with the finished side out, facing bordering lots or thoroughfares (Town of Ithaca).
- Another town code, section 272-505.2, says a fence with finished and unfinished sides must have the finished side facing outward, and it includes a diagram (town code).
These are examples of the wording, not the rule for your job. Your town may say nothing, may say the opposite, or may have an overlay district with its own language. I don't have good data on how many towns have a rule like this, so don't guess.
How do I find out what my city requires before I build?
Call or stop by the building or zoning department for the property address and ask a short list of questions, then check the HOA if there is one.
Here is the order I would do it in:
- Ask whether a fence permit is needed and who is allowed to pull it.
- Ask whether the code says which side faces out, and get the section number.
- Ask about height, setbacks and material limits on the same call.
- If there is an HOA, get the written rules and the approval process from the customer.
- Send yourself an email summing up what the office told you, with the date and the name of the person, and save it to the job.
Many towns post their codes online, so searching the town name plus "fence ordinance" often gets you the section before you call. Permit and code requirements vary by town and state, so the building department for that address is the only source that counts. If you work across several towns, you do not need to learn every ordinance. You need to ask the same questions at every address.
Who pays if the fence goes up the wrong way and the city makes us redo it?
It depends on what your contract says and your state's rules, but with nothing in writing the cost tends to land on the contractor because you built it. If the amount is big, ask a local attorney before you argue about it.
Say a 100-foot privacy fence has to be flipped, with $1,800 in crew labor and $600 in damaged boards and hardware. If that job made $3,000 in profit, a tear-out like that takes most of it. A written decision before the build is the cheapest protection you have.
| Example situation | Who is more likely to carry the cost | What protects you |
|---|---|---|
| You built it your usual way, nothing in writing | You | A signed orientation line in the estimate |
| Customer chose the side, you never checked code | Could be split or disputed | A code check logged before the build |
| Contract says the customer handles permit and code, and they signed it | More likely the customer | Clear permit and code language, plus a change order for any redo |
The table is a rough guide, not legal advice. The point is that the more of this you have in writing, the less there is to argue about later.
What should I put in my fence contract about which side faces out?
Write one plain sentence naming the finished side for each run of fence, say who pulls the permit and checks code, and get the customer to sign it.
A checklist you can copy into every fence estimate:
- Which side faces out on each run (front, back, left, right), described by property line.
- Who pulls the permit and who confirms the code and HOA rules, with the department you called and the date.
- Whether HOA approval is attached or is the customer's job.
- That if the code, the HOA or an inspector requires a different orientation, the redo is handled by a signed change order before any work.
- That if the customer changes the orientation after the fence is up, the flip is billed as extra work.
Sample wording:
> Finished side faces the neighbor's property on the north and east lines and faces the street on the south line. Customer has confirmed HOA rules and is responsible for any HOA approval. Any change after construction starts is a billable change order.
If you use MagicBuild, Magic, the AI assistant, can build the estimate from a photo and a description at your own prices, and you add that orientation sentence to the description. The client gets the estimate by email, signs on their phone and can pay a deposit by card or bank, and the signed estimate becomes a project automatically.
What if the HOA, the neighbor and the customer all want different things?
Get the HOA rule and the town rule in writing first, because a written rule settles the argument and anything left is the customer's call.
Work through it in this order:
- Rule beats preference. If the code or the HOA says good side out, show the customer the section and the email. You are not the bad guy, the paper is.
- Offer a middle option. A board-on-board or shadowbox design looks finished from both sides. Price it as an option so the customer chooses with the numbers in front of them.
- No rule? The owner decides. Suggest the customer talk to the neighbor, but do not referee between them. That conversation is theirs.
- Customer wants the nice side facing in. Check the code first. If it allows it, have the customer sign the orientation line saying that is their choice. If it doesn't, explain that you can't build it that way.
- Customer changes their mind after the fence is up. Treat it as a change order and price the real labor and materials, which the free job cost calculator can help you figure out. If you already have the signed orientation line, this is a short conversation.
For more on pricing the fence itself, see more contractor guides.
Where do I keep the signed decision so it's there when someone asks?
Keep it on the estimate itself, so the signature, the deposit and the job record all carry the same sentence.
If an inspector, a neighbor or the customer questions the build six months later, you want one place to point to. MagicBuild works in English, Portuguese and Spanish and costs $69 a month with 14 days free, and crew and clients don't cost a seat. You can start a free trial, or see what MagicBuild does first. If you would rather start with paper, the free job cost calculator is there with no signup needed.
Sources
- Fences and Site Obstructions · westalliswi.gov
- 272-505.2 Materials and design · ecode360.com
- Article XXA: Inlet Valley Overlay District - Town of Ithaca, NY · ecode360.com
- § 90-227. Fences., Division 1. GENERALLY, Article VI. REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS, Chapter 90. ZONING AND LAND · hugo-mn.elaws.us