Who has to repair a party wall?

Question

José Manuel Alburquerque · Accepted Answer

Whatever has been agreed, for example in the title deeds, is what counts, so the first thing is to look for that agreement. If the agreement does not allocate the costs of a load-bearing wall, one that serves to support buildings on both sides, the person who built it pays for all of it until the neighbour rests their own building on it. From then on, each of them contributes according to the use they make of the wall, which does not necessarily mean half each. If it is a wall that acts as a fence between patios, vegetable gardens, gardens or building plots, the neighbour does not have to pay half the cost of building and maintaining it until they build on or enclose their property. First, find out what kind of wall it is A party wall is one built on the boundary, on the land of both properties. The law treats it as something the two neighbours own in common. The “Código Civil de Cataluña”, the Catalan Civil Code, distinguishes two cases: The wall that separates two buildings and is designed to support buildings on both sides, which the law calls a load-bearing party wall (“medianería de carga”). It is never presumed, so whoever claims that a wall is one has to prove that this was agreed. The wall that acts as a fence between patios, vegetable gardens, gardens or building plots. This one is presumed to be a party wall, unless there are external signs that it was built on only one of the two plots of land. To find out which case applies to you, check the title deeds and the plans and, if necessary, ask a qualified professional to examine the wall. Who pays For a load-bearing wall, the Catalan code allocates the costs as follows, unless something else has been agreed: As long as the neighbour neither rests their building on it nor puts any load on it, building and maintaining it is the responsibility of whoever built it. Once the neighbour puts a load on it, each pays in the agreed proportion or, if none was agreed, according to the use they make of the wall. For example, someone who rests a three-storey house on it uses it more than someone who rests a single-storey one on it. Anyone who demolishes their house resting on the party wall must leave the wall in good condition and with the appearance of a façade. With a fence wall, the neighbour does not have to pay half the cost of building and maintaining it until they build on their land or enclose their property. Until then, it is paid for by whoever built it. In either case, if the damage was caused by one of the neighbours, for example through building work or damp coming from their side, the repair is that neighbour's responsibility. If you live in a building divided into flats, the part belonging to your building is a matter for the owners' association (the “comunidad de propietarios”). In most of the rest of Spain, the Spanish Civil Code (“Código civil”) also presumes the wall between two buildings to be a party wall. Its repair is paid for by the owners in proportion to their rights, although each of them can avoid paying by giving up their share in the party wall, unless the wall supports a building of theirs. If the wall is in poor condition Ask a qualified professional for a report stating what damage the wall has, where it comes from and what needs to be done. Tell the other neighbour in writing, with the quote, before commissioning the work. If you pay up front for a necessary repair that was partly the other neighbour's responsibility, you will normally be able to claim their share from them. That prior notice will help you to do so. If the wall is in danger of collapsing and the neighbour does nothing, you can require them to take the necessary measures to end the danger. If the danger is serious, there is a fast-track court procedure for seeking the demolition of anything at risk of collapse, which in principle does not require an attempt to reach an agreement first. If no agreement is reached, you can sue them, after trying to negotiate as the law generally requires.