Legality of barbed wire?
#32
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Its agrey area, in as much as: you arent forbidden, but trespassers and wrong-doers may sue if they injure themselves on it, because you have a duty of care towards visitors, including the thieving scumbags that youre looking to disuade.
Simon
Originally Posted by Daily Telegraph Article
Q. I look after a community hall in a dense residential area. Due to the nature of the building, children have access to the roof and are always climbing on it and causing damage to themselves and the building.To keep the children out and protect the building, I have built a fence complete with razor wire; it is about 10ft high (3m). I was wondering where the law stands with razor wire. I have received conflicting advice and would appreciate your help. JB, by e-mail
A. The law is not clear on this, and it can be difficult to get definitive advice. Most of my inquiries led me to the Home Office, but a spokesman told me he was unable to help. The Association of Chief Police Officers advises against the use of barbed wire, razor wire, wall spikes or broken glass on the grounds that building owners have a duty of care to ensure that visitors to the property are reasonably safe.
This may sound crazy, but that duty extends to trespassers and intruders, and anyone who injures himself on your property may be able to take out a civil action against you.
On a more reasonable note, a serving police officer has pointed out to me that the police in pursuit of a suspect could themselves be injured on the wire, and might therefore consider suing.
However, manufacturers of these products tell me there is no specific legislation that forbids their use, as long as the wire is installed with reasonable precautions. This means that a material such as razor wire should be clearly visible, and not positioned in such a way that it could act as a man-trap. It should therefore either be up high, on top of a fence, wall, or roof, or else protected by an outer fence.
In other words, it should not be possible for an unsuspecting, innocent party to come into contact with it accidentally. It should also be clearly signed with yellow warning triangles that say "Razor barb - Danger" or "Warning - Barbed wire". Proof of adequate signage should provide a good defence in the event of a civil action from an injured trespasser.
Signs should be provided by the manufacturer, or can be obtained from BBT Ltd (01299 251 770 www.birminghambarbedtape.co.uk), which also makes alternative, "less aggressive" intruder deterrents such as Tangle Wire.
Finally, note that any security measure of this nature might be subject to planning or building control regulations, and to be on the safe side you should consult your local authority, as different local authorities have been known to interpret the regulations in different ways. It is generally permissible to build a boundary wall or fence up to two metres high unless it is within one metre of a highway, in which case the limit is one metre high
A. The law is not clear on this, and it can be difficult to get definitive advice. Most of my inquiries led me to the Home Office, but a spokesman told me he was unable to help. The Association of Chief Police Officers advises against the use of barbed wire, razor wire, wall spikes or broken glass on the grounds that building owners have a duty of care to ensure that visitors to the property are reasonably safe.
This may sound crazy, but that duty extends to trespassers and intruders, and anyone who injures himself on your property may be able to take out a civil action against you.
On a more reasonable note, a serving police officer has pointed out to me that the police in pursuit of a suspect could themselves be injured on the wire, and might therefore consider suing.
However, manufacturers of these products tell me there is no specific legislation that forbids their use, as long as the wire is installed with reasonable precautions. This means that a material such as razor wire should be clearly visible, and not positioned in such a way that it could act as a man-trap. It should therefore either be up high, on top of a fence, wall, or roof, or else protected by an outer fence.
In other words, it should not be possible for an unsuspecting, innocent party to come into contact with it accidentally. It should also be clearly signed with yellow warning triangles that say "Razor barb - Danger" or "Warning - Barbed wire". Proof of adequate signage should provide a good defence in the event of a civil action from an injured trespasser.
Signs should be provided by the manufacturer, or can be obtained from BBT Ltd (01299 251 770 www.birminghambarbedtape.co.uk), which also makes alternative, "less aggressive" intruder deterrents such as Tangle Wire.
Finally, note that any security measure of this nature might be subject to planning or building control regulations, and to be on the safe side you should consult your local authority, as different local authorities have been known to interpret the regulations in different ways. It is generally permissible to build a boundary wall or fence up to two metres high unless it is within one metre of a highway, in which case the limit is one metre high
Last edited by Simon 69; 03 December 2007 at 06:41 PM.
#33
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10 or over and its a different kettle of fish, the new fence may not be enough in its own right. If its 'known' that the children are (or were) playing on the roof then the courts would expect regular security patrols to ensure the children are not breaking into the site.
Its a funny old world!
#35
I have this in my garden and I have caused myself some serious injuries trying to cut the stuff back. The thorns are like fish hooks and I have gashed my arms up badly. Your reflex action causes you to pull your arm away hard and fast as one of the thorns breaks the skin, lovely.
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