Party wall: obligations and prevention of disputes between neighbors

Party walls: a key concept in property law

Party walls are a key concept in property law and are often a source of tension between neighbors. They mainly concern walls, fences, or hedges separating two properties. When a wall is located on the boundary between two plots of land, it is, in principle, presumed to be a party wall and therefore belongs equally to both owners.

Party walls: a specific form of co-ownership

Party wall ownership constitutes a specific type of co-ownership.

It may arise by operation of law, by notarized deed, or through acquisitive prescription when the wall has been used as such for many years.

Each co-owner enjoys a right of use over the party wall, but this right is accompanied by obligations. Unless otherwise expressly agreed, neither neighbor may claim exclusive ownership of the structure.

The right of party wall ownership notably allows an owner to lean a construction against the wall, use it as support, or raise its height. However, such uses must not compromise the structural integrity of the wall or infringe the rights of the other co-owner.

Maintenance of a party wall: who pays what?

The maintenance and preservation of a party wall constitute a shared obligation. The costs related to repairs (such as cracks, repointing, rendering, or reconstruction) are in principle borne equally by both co-owners, even if one of them does not derive a direct benefit.

However, where damage results from the fault or wrongful conduct of one co-owner, that co-owner must bear the full cost of the repairs.

It is also possible to renounce party wall ownership to avoid maintenance costs, unless the wall supports a building owned by the neighboring party who wishes to renounce.

Works on a party wall: is the neighbor’s consent required?

Not all works require the neighbor’s consent. Repairs necessary to preserve the wall, particularly in urgent situations, may be carried out without prior authorization.

By contrast, any modification affecting the appearance, structure, or stability of the wall (such as creating an opening, altering the wall, or raising it for personal use) requires the consent of the neighboring co-owner.

If one owner decides to raise the wall at their own expense, the additional portion becomes their exclusive property, and they alone are responsible for its maintenance.

Damage and disputes: what steps should be taken?

When a party wall is damaged due to a neighbor’s actions, their liability may be engaged. It is advisable to begin by documenting the damage (photographs, bailiff’s report) and then to notify the neighbor in writing, requesting repair or compensation.

If no amicable solution can be reached, insurance providers may be involved, and as a last resort, the justice of the peace may be seized to rule on the dispute, determine liabilities, and allocate costs. Nevertheless, an attempt at amicable settlement is strongly recommended to preserve good neighborly relations.