PROPERTY — PARTY WALLS
You live in the 6th arrondissement of Marseille. One morning, you notice that the party wall your neighbor built is significantly higher than your fence. You take out your tape measure: 2.80 meters on the neighbor’s side, versus 2.20 meters on yours. Yet, the French Civil Code sets a limit of 2.60 meters for municipalities with more than 50,000 inhabitants, like Marseille. The problem? Your neighbor claims his wall is compliant because it was built on his sole property, and therefore it is not a party wall. But the legal reality is more complex.
What You See — and What It Really Hides
To the naked eye, the height difference is obvious. But what you don’t see is that the wall, although built on the property line, may be considered a party wall if it serves as a retaining wall for your land or if it is backed against an existing structure. In a case in Marseille last year, I measured a wall that seemed non-party but, after checking the cadastral plan and notarial deeds, turned out to be an encroachment on party wall rights. The height excess was 20 cm, but that was enough to obtain a partial demolition order.
Property A (you) Property B (neighbor) Property line Neighbor height: 2.80 m Your height: 2.20 m Excess 0.60 m
The Calculations That Change Everything: Legal Height and Party Wall Status
Article 657 of the French Civil Code (Code civil) provides that “any owner may require his neighbor to share party walls for enclosures,” and Article 658 sets the minimum height at 2.60 m in cities with more than 50,000 inhabitants like Marseille. But note: if the wall is built less than 2 meters from the boundary line, it is presumed to be a party wall (Article 659). In your case, the wall is on the boundary, so it is presumed party. The maximum height is then 2.60 m (Article 662). Your neighbor built to 2.80 m, an excess of 20 cm. In practice, what does that mean? If you contest, an expert will measure precisely with a Leica TS tacheometer (accuracy ±1 cm). The tolerance accepted by case law is generally 5 cm. Here, you are at 20 cm, i.e., 4 times the tolerance. Concretely, you are entitled to demand reduction to 2.60 m.
What Happens If You Do Nothing
Within 6 months, once the wall is finished, your neighbor could lean a light structure (garden shed, pergola) against it, benefiting from the excessive height. At 2 years, the wall could deteriorate due to weather (Marseille has a Mediterranean climate) and swelling clay in the subsoil (risk area according to BRGM, the French geological survey). Repairs would cost between €1,500 and €3,000. At 5 years, you could suffer a loss of view and sunlight, estimated by an expert at €10,000 in property devaluation. Not to mention that if you sell, the buyer could sue you for hidden defects.
Recourse and Guarantees: What You Can Demand
Your guarantee: Article 662 of the Civil Code allows you to demand reduction of the wall to the legal height of 2.60 m. Procedure: send a registered letter with acknowledgment of receipt to your neighbor, citing Article 662 and requesting compliance within 30 days. If he refuses, file a claim with the Marseille judicial court (competent for party wall disputes). A court-appointed expert will measure the wall and issue an opinion. Expert fees (€2,000 to €4,000) will be borne by the losing party. Generally, Marseille judges are strict: any excess over 5 cm results in a partial demolition order.
📅 Mis à jour le 24/07/2026 — Par Cassini Expertise, expert bâtiment indépendant 06 & 83. Devis gratuit : 04 22 46 06 04.
Questions fréquentes
What to do if party wall exceeds legal height in Marseille?
If your neighbor's party wall exceeds the legal height limit in Marseille, you should first check the local urban planning rules (PLU) to confirm the violation. Then, send a formal complaint to the neighbor, and if unresolved, contact the mairie or a lawyer to initiate legal action.
What is the maximum height for a party wall in Marseille?
In Marseille, the maximum height for a party wall depends on the zone defined by the local urban plan (PLU). Generally, it ranges from 4 to 7 meters, but you must consult the specific regulations for your area or ask the urbanism department.
Can I force my neighbor to lower a party wall in Marseille?
Yes, you can force your neighbor to lower a party wall if it exceeds the legal height, but only through legal means. Start with a formal notice, then file a complaint with the tribunal judiciaire if they refuse to comply.