Is the boundary wall with my neighbour mine or shared in Malta?
Normally the wall separating two buildings is presumed "common" (jointly owned) — but this is a presumption that can be rebutted. Under the Civil Code (Cap. 16), absent a mark or proof to the contrary, a wall separating two buildings is treated as common to the top, or — where the buildings are not the same height — up to 1.80 metres. A party wall must be at least 38 centimetres thick. You can compel the neighbour to pay half the cost of raising the wall if you both have access to your roofs. The myth: that "the side wall is automatically half mine and I can build on it however I like" — no; if the wall is exclusively the neighbour's you must pay half its value to take a share in it (Article 418), and you cannot open a window or insert beams into it without a right. Disputes are heard in court, which appoints a perit (architect) as technical referee.
📋 The rules
- Absent proof to the contrary, a wall separating two buildings is treated as common to the top, or up to 1.80m where the buildings differ in height.
- A party wall must be at least 38 centimetres thick.
- Whoever wants to raise a common wall can compel the neighbour to pay half the cost, if both have stairs to their roof.
- You may build on the boundary line, but the neighbour keeps the right to take a share in the wall by paying half its value (Article 418).
- Each neighbour must prevent damage to the common wall from a cistern, sink or water on their side.
🔓 Exceptions
- If there is a mark or title showing the wall is exclusively one party's, the presumption of common ownership does not apply.
- To open a window or aperture in a common wall, or insert beams into it, you generally need the neighbour's consent or an acquired right.
- Work that exceeds the wall's bearing capacity or needs rebuilding can put the cost on whoever creates the need for the work.
⚠️ Penalties & fines
A party-wall dispute is civil, not criminal, but the cost can be large. If you build on or raise a common wall without properly sharing the cost or without a right, the neighbour can open a lawsuit and the court can order you to stop, demolish or pay compensation. The court usually appoints a perit as technical referee to establish ownership, thickness and damage — and the fees of the perit and the case can exceed the value of the work itself. Opening a window or knocking down a wall without a right can force you to restore things as they were. On top of that, structural damage to the neighbour's building can lead to liability for damages. The practical tip: before you touch a boundary wall, gather the titles, engage a perit and agree in writing with the neighbour — because a fight over a wall often costs more than you think.
📎 Official sources
- Legislation Malta · Civil Code (Cap. 16) — common walls and servitudes →
- Courts of Malta · where disputes between neighbours are heard →
- Chamber of Architects (Kamra tal-Periti) · technical assessment of boundary walls →
❓ Frequently asked
How do I know if the wall is common or only mine?
The law presumes a wall separating two buildings is common to the top, unless a mark or title shows otherwise. To be sure, check the property titles and, in case of doubt, a perit who examines the structure and its depth.
Can I raise the boundary wall to add privacy?
Yes, you can raise a common wall, and if you both have roof access you can compel the neighbour to pay half the cost. But the work must be done properly and cannot unfairly reduce the neighbour's light or air without regard to their rights.
My neighbour opened a window in the wall overlooking me — is that legal?
Opening a window or aperture in a common wall generally needs consent or a right, and without one the neighbour can be required to close it. This is a civil matter under Cap. 16, best settled by agreement or, failing that, in court.
Who pays if the common wall collapses or is dangerous?
As a rule, the cost of repairing a common wall is shared between the two owners in proportion to their use. But if the damage came from the work or neglect of one party, that party can be held liable for the whole cost.
Does the wall have to be exactly 38cm?
The Civil Code sets a minimum thickness of 38 centimetres for a party wall between two buildings. Old existing walls may vary, but when a rebuild happens you normally have to respect this thickness, and a perit can confirm what is required on site.
🔎 Common searches
What people search to land here:
- “party wall malta law”
- “boundary wall malta”
- “who pays common wall malta”
- “hajt tal-konfini malta”
- “raise boundary wall neighbour malta”
- “civil code walls malta”