Navigating the legislative requirements of Perimeter Security
When I ask Google "is it a legal requirement to protect trespassers on my property?” I get 3,380,000 answers.
Don’t know where to start? Don’t understand your obligations?
If you own property that is unoccupied or susceptible to trespass, theft or vandalism it’s imperative that you protect your premises as well as your personal liability.
The use of alternative products to TruGuard such as barbed wire, razor wire, tape, broken glass or the like runs the risk of falling foul of The Occupiers’ Liability Act 1984. The Occupiers’ Liability Act 1984 is an Act to amend the law of England and Wales as to the liability of persons as occupiers of premises for injury suffered by persons other than their visitors.
It also states that none of the injurious products can be used at a height of less than 2.4m. TruGuard anti climb systems on the other hand, are classed as non-injurious and can be fitted at a height of 1.8m and above. Even so, it is recommended that all perimeter security installations display warning signs, particularly on the public side of a perimeter where it can be reasonably expected to be seen.
In other legislation, The Highways Act 1980 Part IX 164. (1) refers to the power of the Highway Authority or Local Authority to require the removal of barbed wire and states:
Where on land adjoining a highway there is a fence made with barbed wire, or having barbed wire in or on it, and the wire is a nuisance to the highway, a competent authority may by notice served on the occupier of the land require him to abate the nuisance within such time, not being less than one month nor more than 6 months from the date of service of the notice, as may be specified in it.
For the purposes of this section, the competent authorities, in relation to any highway, are the Highway Authority and also (where they are not the Highway Authority) the Local Authority for the area in which the highway is situated;
Also, references to “barbed wire” means wire with spikes or jagged projections, and barbed wire is to be deemed to be a nuisance to a highway if it is likely to be injurious to persons or animals lawfully using the highway.
