Are you considering installing a fence to separate two properties? Neighbourly relations can quickly become strained if everyone does not know their rights and obligations. To avoid any conflict or legal proceedings, it is best to be informed from the outset about the legal framework governing party wall fences.
Regulations
Party ownership is governed by Articles 653 to 673 of the French Civil Code. In particular, Article 647 of the French Civil Code states that: “any owner is free to enclose their land. However, installing a party wall fence must not harm your neighbour or cause a neighbourhood nuisance such as loss of view or sunlight.”
Your obligations as a good neighbour
Laws may vary depending on certain factors (number of inhabitants, geographical location, in a listed historic site, etc.).
However, there are common principles and obligations that govern the installation of a party wall fence.
1. Sharing the costs
If you wish to install a fence between your neighbour’s land and yours, you will need to address the financial aspect. Your neighbour may be involved and help you obtain quotes, speak openly about their budget, or even contribute ideas—especially regarding their preference between a rigid fence and a flexible fence.
Construction, maintenance and repair costs must be shared. To keep the relationship cordial and fair, it is preferable to confirm your agreement in writing.
Article 655 of the French Civil Code states that: “The repair and rebuilding of the party wall are borne by all those who have rights to it, in proportion to each person’s rights.”
2. Agreement on choices
Of course, during the discussions you may have with your neighbour, you will need to find common ground on a few points.
This may include choosing the material(s) used (PVC, aluminium, etc.), the fence style, and maintenance on each side (for example, taking turns cleaning).
3. Complying with local regulations
In certain cases, you must submit a prior declaration of works to the town hall:
- Both plots are located in a listed site, a site pending listing, a heritage site, or near a historic site.
- The municipal council has decided that a prior declaration of works is mandatory.
- Your fence will be over 2 metres high.
Also note that the law sets height limits based on the number of inhabitants in the municipality where you live. If you live in a municipality with more than 50,000 inhabitants, the fence height between your land and your neighbour’s must not exceed 3.20 metres. For municipalities with fewer than 50,000 inhabitants, the limit is 2.60 metres.
Local Urban Plans (PLU) may also restrict your shared choices. They may refuse one or more colours, but not the material used.
4. Sharing on sale
When a property is sold (yours or your neighbour’s), the party wall fence is included in the transaction. The associated costs and benefits will therefore be shared fairly between the former and the new owner.
Always make sure to check your municipality’s rules by contacting the relevant department.
Installing a privacy screen
In consultation with your neighbour, it is entirely possible to install a privacy screen. However, you will need to check again with your municipality and agree on which side the privacy screen will be installed. Our experts covered the topic for you in our article “Installing a privacy screen and regulations: Districlos experts explain everything!”
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