Cubicle partitions divide the resting area of free-stalls into individual lying places for cows, thereby facilitating the maintenance of good hygiene and reducing competition by separating animals. The forward lunge space in lying cubicles is often insufficient for a natural head lunge movement during rising. Cubicles with open frame partitions and a flexible neck strap aim to alleviate this welfare issue. The open partition frame facilitates lateral space sharing (using space of neighbouring cubicles for the head lunge movement) and the flexible neck strap is presumably less painful upon collision. In an observational study, we investigated the lying behaviour of free-stall housed dairy cows in this ’permissive’ cubicle type with open frame partitions and a flexible neck strap positioned relatively high above the lying surface compared to ’restrictive’ cubicles with partitions with more bar work in the lateral lunge space and a lower-positioned rigid neck rail. The study was conducted on commercial Swiss dairy farms with exclusively wall-facing lying cubicles of either the permissive (four farms) or restrictive (six farms) type. The forward lunge space on these farms ranged from 55 to 70 cm, which we considered insufficient for adult cows to lunge their heads forward. On each farm, 18–20 lactating dairy cows were selected. In total, 188 animals were used in the statistical analysis. Over 1.5 days, rising and lying down movements were videotaped, and the prevalence of atypical behaviours during these movements was recorded. In addition, we determined the daily lying duration, the lying frequency, and the mean lying bout duration using accelerometers mounted on the left hind leg. The data was analysed in relation to the cubicle type (permissive or restrictive). In the permissive cubicle type, staggered head lunge movements during rising and displays of hesitance before lying down were less prevalent. The lying frequency was higher, and daily lying duration was longer in the permissive cubicle type, although these estimates should be interpreted with caution due to the short data collection period. The results of this study suggest that the permissive cubicle with open partitions and a high-positioned flexible neck strap may improve conditions for dairy cows to rise and lie down. A permissive cubicle design may therefore improve cow welfare in free-stalls with insufficient forward lunge space, where increasing lunge space is not feasible.