Who pays for repairing a party wall?
Repairing and rebuilding a party wall fall on both neighbours in proportion to their right, generally by half (Article 655 of the French Civil Code). A co-owner can escape these costs by abandoning their party-wall rights, unless the wall supports a building of their own (Article 656).
Avoiding the costs by abandoning party-wall rights (Article 656)
Article 656 offers a way out: any co-owner may avoid contributing to repairs and reconstruction by abandoning their party-wall right. They then give up ownership of their half of the wall, which becomes the exclusive property of the neighbour, and lose the right to use it.
This option has an important limit: abandonment is not possible where the party wall supports a building belonging to the person who wishes to abandon it. An owner who draws a benefit from the wall, such as a wall retaining their own construction, therefore cannot avoid the costs.
How costs are split according to the type of work
Cost allocation depends on the nature of the work carried out on a party wall. Repair or reconstruction of the shared wall is split in proportion to each owner's right, generally by half (Article 655). Damage caused through one neighbour's fault falls entirely on the person responsible for it. A raising decided by a single neighbour is borne solely by the one who carries it out (Article 658). And where a co-owner abandons their party-wall rights, other than for a wall supporting a building, the wall becomes the exclusive property of the neighbour (Article 656).
| Nature of the work | Who pays |
|---|---|
| Repair or rebuilding of the shared wall | Shared in proportion to each right, generally half each (Article 655) |
| Damage caused by a neighbour's fault | Entirely borne by whoever caused the damage |
| Raising the wall at one neighbour's initiative | Borne solely by the neighbour who raises it (Article 658) |
| Giving up party-wall rights, other than a retaining wall | The wall becomes the neighbour's exclusive property (Article 656) |
Who bears the cost, according to the kind of work on a party wall
Frequently asked questions
Can you force your neighbour to pay for repairing the wall?
Yes, if the wall is a party wall and the work is part of shared upkeep. The contribution is settled in proportion to each owner's right (Article 655). If the neighbour refuses, a formal notice followed by court action can secure their share.
Is abandoning party-wall rights final?
Yes. By abandoning their party-wall rights (Article 656), the co-owner transfers their half to the neighbour and loses all right to use the wall. To become a co-owner again later, they would have to buy back the party-wall share under Article 661.
Who pays if the party wall is at risk of collapsing?
Reconstruction remains shared between the co-owners (Article 655). If one neighbour refuses to carry out the necessary work, the other can have it ordered by the court, each keeping the option to abandon their party-wall rights except for a wall supporting a building of their own.
Read next
- Code civil, article 655 (Légifrance)
- Code civil, article 656 (Légifrance)
- Code civil, article 658 (Légifrance)
- Code civil, article 1240 (Légifrance)
- Service-Public.fr : Mur mitoyen (entretien et réparation)
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